GUJRAT: In the case of SUBHASHCHANDRA SANATAN MALLIK THROUGH BABITA SUBHASHCHANDRA MALLIK v/s STATE OF GUJARAT, The Gujarat High Court held that offenses under Section 27 of the Drugs and Cosmetics Act and Sections 30 and 35 of the Gujarat Medical Practitioner Act by itself cannot bring the detenu within the fold of the Gujarat Prevention of Anti-Social Activities Act, 1985.
The detenu had contested that illegal activity likely to be carried out or alleged to have been carried out could not have any nexus or bearing with the maintenance of public order and at the most, it could be said to be a breach of law and order. It could not be said that the activities of the detenu had ‘affected the tempo of the society’ or caused threat to the very existence of the normal and routine life of the people at large. The activities did not disrupt the rule of law by disturbing public order.
The bench held by Justice S Vora and Justice Sandeep Bhatt held that detention cannot be legal, valid and in accordance with law since the offences registered against the detenu could be dealt with under the provisions of the relevant penal laws and the relevant legislation.
Further, Court observed – “Unless and until, the material is there to make out a case that the person has become a threat and menace to the Society so as to disturb the whole tempo of the society and that all social apparatus is in peril disturbing public order at the instance of such person, it cannot be said that the detenue is a person within the meaning of section 2(c) of the Act.”
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