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Search Results for "detention order challenge"

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Supreme Court

Supreme Court Dismisses Petitions Challenging Preventive Detention Orders Under COFEPOSA Act Due to Procedural Compliance and Established Live-Link. Detention Orders Upheld as Detaining Authority Recorded Subjective Satisfaction Based on Materials Showing Involvement in Smuggling Syndicate and Future Propensity to Commit Offences Under Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

16 Apr 2026

The Supreme Court heard two connected special leave petitions challenging preventive detention orders issued under the Conservation of Foreign Exchang...

Supreme Court

Supreme Court Quashes Preventive Detention Order in Telangana Case -- Daughter's Appeal Succeeds on Grounds of Insufficient Material for Public Order Threat

8 Jan 2026

The Supreme Court allowed an appeal challenging the preventive detention order against Aruna Bai alias Anguri Bai under the Telangana Prevention of Da...

Supreme Court

Supreme Court Upholds Detention Under COFEPOSA Act for Gold Smuggling Syndicate Kingpin — Non-Application of Mind and Live Link Contentions Rejected. The Court held that the detenu's involvement in smuggling, abetting, transporting, concealing, and dealing in smuggled gold brought all clauses (i) to (iv) of Section 3(1) of COFEPOSA Act into play, and the reference to an NDPS case did not vitiate the detention order.

6 Mar 2025

The appeal arose from a challenge to a preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Ac...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. Detention order set aside as detaining authority failed to consider that the petitioner was already in custody and no credible material showed likelihood of release on bail.

10 Jul 2023

The petitioner, Mukesh Prakash Bhalerao, challenged an order of preventive detention dated 23rd January 2023 passed by the District Magistrate, Jalgao...

High Court

Bombay High Court Quashes Detention Order in MPDA Act Case for Non-Application of Mind. Preventive Detention Invalid as Detaining Authority Failed to Consider Detenu's Bail Status in Pending Criminal Cases.

3 May 2018

The petitioner, Kiran Dhanraj Kharat, challenged a detention order dated 13 December 2017 issued by the Commissioner of Police, Pune, under the Mahara...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Bail Status of Detenu.

13 Feb 2018

The petitioner, Suryakant @ Mukesh Laxman Dhotre, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Dru...

High Court

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.

27 Jan 2016

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

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unreasonable Delay in Considering Representation. Unexplained Delay of 25 Days in Deciding Representation Renders Detention Illegal Under Article 22(5) of Constitution.

22 Jul 2014

The petitioner, Mr. Rizwan @ Tippu Sattar Pathan, challenged an order of detention dated 5th May 2014 passed under Section 3(2) of the Maharashtra Pre...

High Court

Bombay High Court Dismisses Pre-Execution Challenge to COFEPOSA Detention Order for Lack of Grounds Under Alka Subhash Gadia Criteria. Petitioner's Argument That Detention Was for Wrong Purpose Rejected as Activities Constituted Smuggling, Not Mere Abetment.

31 Jan 2011

The petitioner, Suresh Kumar U. Jain @ Sanjay Srinath Rana, filed a Criminal Writ Petition under Article 226 of the Constitution of India challenging ...

High Court

Bombay High Court Allows Petition Against Port Trust for Refusing Remission of Demurrage Charges. Port Trust's Own Guidelines for Remission When Detention by Customs for Bonafide Operations Must Be Followed.

12 Apr 2010

The petitioner, M/s. Rasiklal Kantilal & Co., a partnership firm engaged in import of goods including zinc ingots and copper wire bars, filed a writ p...

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