TITLE: Sikandar Ishakbhai Shaikh Versus Additional Director General of Police
Decided On-: August 17, 2023
12289 of 2023
CORAM: Hon’ble Justice Mr. A.S Supehia and Mr. M.R Mengdey
INTRODUCTION-
The current petition is directed against the respondent, the detaining authority, who detained the petitioner, who is a detenue as defined by Section 2(e) of the Act, in accordance with the respondent’s authority granted under Section 3(1) of the Gujarat Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
FACTS OF THE CASE
The learned attorney for the detenue contends that the detention order at issue in this petition deserves to be quashed and overturned on the grounds that the filing of a single FIR for violations of Sections 8(C) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is insufficient on its own to bring the detenue’s case within the meaning of Section 2(e) of the Act. The petitioner further argued that any illegal activity that might be committed or is alleged to have been committed cannot be connected to or have anything to do with the upkeep of public order; at most, it can be considered a violation of law and order. Additionally, other than witness statements and the filing of the aforementioned FIRs, there is no other substantial information on file that links the detainee’s alleged anti-social behaviour, so it is not a violation of the law.
COURT ANALYSIS AND DECISION
AGP for the respondent The State defended the detention order issued by the authority and argued that enough information and evidence discovered during the course of the investigation and provided to the detainee indicate that the detainee is accustomed to engaging in the activity as defined in Section 2(e) of the Act. Considering the circumstances of the case, the detaining authority passed the order of detention in a proper manner, and the detention order deserves to be upheld by this Court.
Primarily, it is determined that the subjective satisfaction reached by the detaining authority cannot be said to be legal, valid, and in accordance with law, inasmuch as the offences alleged in the FIR/s cannot have any bearing on the public order as required under the Act and other relevant penal laws are sufficient enough to take care of the situation
It cannot be argued that the circumstances or the accusations made against the detenu are pertinent for the purpose of bringing the detenu within the ambit of Section 2(e) of the Act.
In those circumstances, it cannot be said that the detainee is a person who would fall within the meaning of section 2(e) of the Act unless and until the material is there to make out a case that the person has become a threat & menace to the Society so as to disturb the whole tempo of the society and that all social apparatus goes in peril disturbing public order at the instance of such person. There is nothing in the record, aside from general statements, that indicates the detainee is acting in a way that could endanger the peace of the community.
In those circumstances, it cannot be said that the detainee is a person who would fall within the meaning of section 2(e) of the Act unless and until there is sufficient evidence to establish that the person has turned into a threat and menace to the society in such a way as to disturb the entire pace of the society and that all social apparatus goes in peril disturbing public order at the behest of such person. Apart from general statements, there is nothing in the record that suggests the detainee is acting in a way that might jeopardise community peace.
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Written by- Steffi Desousa
