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Search Results for "invalid detention order"

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High Court

High Court of Judicature at Bombay Adjudicates Challenge to Preventive Detention Order under PITNDPS Act — Detention Order Validity Questioned Based on Non-Reliance on Certain Grounds. The petitioner argued that the detention order was flawed because the detaining authority itself stated that parts of the grounds were not relied upon, calling into question the sufficiency of genuine grounds for detention under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

4 Apr 2025

The matter involved a criminal writ petition filed by Ikhlaq Bashir Shaikh before the High Court of Judicature at Bombay, challenging a preventive det...

High Court

High Court of Karnataka Quashes Preventive Detention Order in Habeas Corpus Petition — Failure to Consider Less Restrictive Alternatives Under Karnataka Prevention of Dangerous Activities Act, 1985. Detenu's History of Criminal Cases Does Not Justify Preventive Detention When Bail Was Granted in Most Cases and No Material Shows Inadequacy of Regular Law.

7 Dec 2023

The petitioner, Mohammad Shafiulla, father of the detenu Roshan Jameer @ Jameer @ Jammu, filed a habeas corpus petition under Article 226 of the Const...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. The court held that the detaining authority failed to consider the detenu's custody and bail status, vitiating the preventive detention order.

20 Feb 2023

The petitioner, wife of the detenu Firoz @ Babali Makbul Khan, challenged the detention order dated 6th September 2022 passed by the Commissioner of P...

High Court

Bombay High Court Quashes Detention Order in M.P.D. Act Case Due to Non-Application of Mind and Lack of Material to Show Public Order Threat. Detenu's alleged criminal activities were law and order issues, not public order, and the Detaining Authority failed to consider the detenu's bail status.

22 Dec 2022

The petitioner, Namrata Avinash Kadu, wife of the detenu Avinash Vasant Kadu, challenged the detention order dated 11th February 2022 passed by the Co...

High Court

Bombay High Court Quashes Detention Order in PASA Case for Non-Application of Mind — Failure to Consider Less Restrictive Alternatives and Inadequate Material Renders Preventive Detention Invalid. The court held that the detaining authority must consider whether the detenue can be dealt with under regular law before resorting to preventive detention under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985.

28 Jul 2021

The petitioner, Rahul Jyoti Sahani, was detained under Section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985 (as extended to Dadr...

High Court

Bombay High Court Quashes Detention Order at Pre-Execution Stage for Non-Application of Mind in MPDA Act Case — Inaccurate Recital of In-Camera Statements and Failure to Consider Bail Conditions. Preventive Detention Order Under Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981 Set Aside as Detaining Authority Did Not Properly Apply Mind to Relevant Material.

27 Oct 2016

The petitioner, Nagesh Laxman Takmoge, challenged a detention order passed by the Commissioner of Police, Solapur City, under the Maharashtra Preventi...

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-Application of Mind and Non-Supply of Relevant Material. Detenu's Dismissal from CISF for Alleged Smuggling Involvement Not Considered, Rendering Detention Order Invalid.

26 Aug 2014

The petitioner, Ram Avatar Meena, father-in-law of the detenu Muralilal Meena, challenged a preventive detention order dated 22 August 2013 passed by ...

High Court

Bombay High Court Quashes Preventive Detention Order for Failure to Serve Grounds — Violation of Article 22(5) of Constitution. Detenu's Right to Make Effective Representation Denied as Grounds Not Communicated Under Section 3(1)(2) of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

29 Aug 2011

The petitioner, Dinesh s/o Ramchandra Tiwari, filed a criminal writ petition challenging an order of preventive detention dated 5th April 2011 passed ...

High Court

Bombay High Court Allows Detenu's Writ Challenging Preventive Detention Under MPDA Act — Detention Order Quashed for Non-Application of Mind and Failure to Consider Less Restrictive Alternatives. The court held that the detaining authority must consider whether ordinary law is sufficient and cannot mechanically pass a detention order when the detenu is already in custody.

13 May 2011

The petitioner, Rushikesh Tanaji Bhoite, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offende...

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