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.