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december 1988

Supreme Court of India · 1988-12-16

PIYUSH KANTILAL MEHTA vs COMMISSIONER OF POLICE, AHMEDABAD CITY AND ANOTHER

Citation / case number
SC 1988/70939
Court
Supreme Court of India
Petitioner
PIYUSH KANTILAL MEHTA
Respondent
COMMISSIONER OF POLICE, AHMEDABAD CITY AND ANOTHER
Author
M.M. DUTT
Bench
M.M. DUTT

Judgment text excerpt

The Supreme Court quashed the detention order under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985, holding that mere allegations of being a bootlegger do not justify preventive detention unless it is shown that such activities adversely affect public order. The Court emphasized that there must be material evidence indicating a feeling of insecurity among the public for maintenance of public order to be invoked. The petitioner's activities did not substantiate a direct impact on public order, leading to the conclusion that the detention was unlawful.

PIYUSH KANTILAL MEHTA vs COMMISSIONER OF POLICE, AHMEDABAD CITY AND ANOTHER · Niyam