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High Court

Bombay High Court Quashes MPDA Detention Order Against Accused in Gambling Cases — Acts Constitute Law and Order, Not Public Order. Offences under Section 65(D) of Bombay Prohibition Act, 1949 for gambling do not affect public order, and delay in considering representation vitiates detention under Section 3(1) of Maharashtra Prevention of Dangerous Activities Act, 1981.

6 Oct 2023

The petitioner, Jumma @ Munna Burhan Hiriwale, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Boo...

High Court

Bombay High Court Quashes Preventive Detention Order for Non-Supply of Bail Orders and Documents. Detenu's Right to Make Effective Representation Violated Under Article 22(5) of Constitution and Maharashtra Prevention of Dangerous Activities Act, 1981.

1 Jul 2022

The petitioner, Ratnamala Mukund Balkhande, filed a criminal writ petition on behalf of her son, Sachin Mukund Balkhande, who was preventively detaine...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. Detenu's Past Conduct and Single Incident Insufficient to Justify Preventive Detention Under Section 3(1) of Maharashtra Prevention of Dangerous Activities Act, 1981.

26 Apr 2021

The petitioner, Chandrakala w/o Ramlal Jadhav, challenged the detention order dated 07.12.2020 passed by the District Collector, Jalna (respondent No....

High Court

Bombay High Court Quashes Detention Order in Dangerous Person Case Due to Non-Application of Mind Regarding Bail Status. Preventive detention under Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981 set aside as detaining authority failed to consider that detenu was on bail in all four criminal cases, vitiating subjective satisfaction.

21 Dec 2020

The petitioner, Sunil Pandharinath Dhotre, challenged a detention order dated 11/2/2020 passed by the Commissioner of Police, Nashik, detaining him fo...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Conditions and In-camera Statements Not Verified. The court held that the detaining authority's failure to consider the detenu's bail status and to verify in-camera statements vitiated the subjective satisfaction under Section 3 of the MPDA Act.

17 Jan 2020

The petitioner, Pravin @ Bhayya Pratap Shinde, challenged a preventive detention order dated 06/09/2019 passed by the Commissioner of Police, Pune, un...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Violation of Detenu's Right to Lead Oral Evidence Before Advisory Board. Failure to Inform Detenu of Right to Produce Witnesses Renders Detention Invalid.

4 Jan 2018

The petitioner, wife of the detenu Vishal Salunke, challenged the detention order dated 9th August 2017 passed under Section 3 of the Maharashtra Prev...

High Court

High Court of Karnataka Quashes Preventive Detention Order for Lack of Subjective Satisfaction — Detaining Authority Failed to Consider Relevant Material of Detenue's Release on Bail in Similar Cases. The court held that non-placement of bail orders before the detaining authority vitiates the detention order under Section 3(1) of the Karnataka Prevention of Dangerous Activities Act, 1985.

25 Apr 2015

The petitioner, Shankara Gouda, was detained under Section 3(1) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Ga...

High Court

Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Due to Non-Placement of Vital Bail Order. The court held that failure to place the detailed bail order before the Detaining Authority vitiated the subjective satisfaction under Section 3(1) of COFEPOSA.

12 Mar 2015

The petitioner, Shobha Dattatray Bodake, filed a writ petition under Article 226 of the Constitution of India challenging the preventive detention ord...

High Court

Bombay High Court Quashes Detention Order Under MPID Act for Non-Supply of Vital Bail Documents. Failure to furnish bail application and order to detenu violated Article 22(5) of Constitution and Section 8(b) of Maharashtra Prevention of Dangerous Activities Act, 1981.

24 Mar 2006

The petitioner, Hemchand Somnath Gupta, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offender...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind — Gap of Nearly One Year Between Issuance and Execution Without Reconsideration of Changed Circumstances. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider That Detenu Was in Judicial Custody at Time of Execution, Though on Bail When Order Was Issued.

5 Apr 2005

The petitioner, Shri Raja @ Rajesh Rajan Nair, challenged his detention order dated 30th September 2003 issued under the Maharashtra Prevention of Dan...

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