Simpliciter registration of FIR by itself cannot have any nexus with breach of maintenance of public order so as to pass detention order

In this case, detenu was detained under the detention order passed under S. 3(2) of the Gujarat Prevention of Anti-social activities Act. The Detaining Authority held Detenu as a bootlegger.

FIR registered against detenu for a single offence under Prohibition Act. Apart from the registration of FIR and statement of witnesses, no other material on record to show that detenu is acting in such a manner dangerous to public order.

The single offence alleged in the FIR under Prohibition Act cannot have any bearing on public order as required under the Gujarat Prevention of Anti-Social Activities Act.

Simpliciter registration of FIR by itself cannot have any nexus with breach of maintenance of public order.

A detention order passed against detenu being illegal is liable to be quashed.

Appearing Counsel/s: M S Padaliya, Ms Nidhi Vyas

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