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Supreme Court Quashes Fresh Detention Order Under Preventive Detention Act as Violative of Section 13(2) — Fresh Facts Must Arise After Expiry. Additional Ground of Maintaining Links While in Custody Did Not Constitute Fresh Facts After Expiry of Previous Detention Order.

The case involved a habeas corpus petition under Article 32 of the Constitution challenging the detention of Kshetra Gogoi under the Preventive Detent...

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Bombay High Court Quashes COFEPOSA Detention Order Due to Unexplained Delay. Preventive detention under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 set aside as live nexus between smuggling activity and detention order snapped by 10-month delay.

The petitioner, Farida Imram Chamundi, wife of the detenu, challenged a preventive detention order passed under the Conservation of Foreign Exchange a...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Consideration of Settlement Application. Preventive detention order set aside as detaining authority failed to consider detenu's pending settlement application under Customs Act and Central Excise Act before passing order.

The petitioner, brother-in-law of the detenu Charles Patrick, challenged the detention order dated 5.5.2006 passed under Section 3(1) of the Conservat...

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Bombay High Court Allows Habeas Corpus Petition and Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Inordinate Delay. The court held that the detaining authority failed to apply its mind and the delay of over two years in executing the order vitiated the detention.

The petitioner, Naresh Dua, brother of the detenu Rajesh Dua, filed a habeas corpus petition under Article 226 of the Constitution of India challengin...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Non-Application of Mind and Unexplained Delay. Detenu's Exoneration in Adjudication Proceedings Not Considered by Detaining Authority, Rendering Order Invalid Under Section 3(1) of COFEPOSA Act, 1974.

The petitioner, brother of the detenu Bherchand Tikaji Bora, challenged an order of detention dated 27th August 1998 passed under Section 3(1) of the ...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay. Preventive detention order set aside as 7 months and 8 days delay between crimes and detention order was not satisfactorily explained, violating constitutional safeguards.

The petitioner, Kiran Ramjan Machare, challenged a detention order dated 5 September 2023 issued by the Commissioner of Police, Pimpari-Chinchwad, Pun...