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Search Results for "preventive detention"

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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...

High Court

High Court Quashes Preventive Detention Order Under MPDA Act Due to Unexplained Delay and Lack of Public Order Nexus. The court held that a 133-day delay between the last prejudicial act and the detention order, without explanation, severed the live link required under Section 3(1) of the MPDA Act, 1981, and the solitary offence did not establish a threat to public order under Section 2(b-1).

16 Mar 2026

The High Court of Judicature at Bombay, Aurangabad Bench, heard a criminal writ petition challenging a preventive detention order under the Maharashtr...

High Court

Bombay High Court Quashes MPDA Detention Order for Non-Application of Mind and Mechanical Confirmation by Advisory Board. Detenu's Right to Make Effective Representation Violated as Grounds of Detention Were Not Properly Considered.

19 Mar 2019

The petitioner, Shrinivas Kishor Sanga, challenged his detention order dated 30/10/2018 passed by the Commissioner of Police, Solapur, under Section 3...

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 Detention Order Under Maharashtra Prevention of Dangerous Activities Act, 1981 for Non-Application of Mind and Lack of Compelling Necessity. The court held that failure to consider the petitioner's custody status and the staleness of incidents rendered the detention order invalid.

3 Oct 2012

The petitioner, Allauddin @ Nigro @ Babu Chand Sayyed, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Supply of Bail Order — Failure to Provide Vital Document Violates Article 22(5) of Constitution. The detenu's right to make an effective representation was infringed when the bail order, referred to in the grounds of detention, was not supplied to him, rendering the detention order invalid under Section 3(1) of COFEPOSA Act, 1974.

16 Apr 2012

The petitioner, Mohd. Shakil Khan, uncle of the detenu Nadeem Shaikh, filed a writ petition under Article 226 of the Constitution of India challenging...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay Snapping Live-Link. Preventive Detention Order Set Aside as Delay of 25 Days in Passing Order Not Satisfactorily Explained by Detaining Authority.

23 Jan 2012

The petitioner, Mandar Ajit Borkar, challenged his preventive detention order dated 14th October 2011 passed by the Commissioner of Police, Brihan Mum...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind and Non-Supply of Documents. Father of detenu successfully challenged preventive detention order passed under Section 3(1) of COFEPOSA Act, 1974 on grounds of non-application of mind by detaining authority and failure to supply vital documents.

4 Jan 2012

The petitioner, Shri Rashid Kapadia, father of the detenu Khalil Ahmed Rashid Ahmed Kapadia, filed a writ petition under Article 226 of the Constituti...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Communication of Grounds. Detenu's Right to Make Effective Representation Violated as Documents Relied Upon Were Not Supplied.

15 Jul 2011

The petitioner, Shabbirbhai Bookwala, father of the detenu Mustafa Sabbirbhai Bookwala, filed a habeas corpus petition under Article 226 of the Consti...

High Court

Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind — Detenu's Retracted Statement Not Considered. Preventive Detention Order Under Section 3(1) of COFEPOSA Set Aside as Detaining Authority Failed to Consider Retraction of Confession.

11 Jan 2005

The petitioner, wife of the detenu Iqbal Yusuf Suleman, challenged the detention order dated 20.4.2004 passed by the detaining authority under Section...

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