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Search Results for "preventive detention"

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High Court

High Court of Gujarat Quashes Preventive Detention Order Under Gujarat Prevention of Anti-social Activities Act Due to Insufficient Material Showing Public Order Prejudice. Detention Based on Two Criminal Cases Where Detenu Had Been Granted Bail Was Held Invalid as Preventive Detention Cannot Substitute Ordinary Criminal Procedure When Bail Is Available.

8 Jan 2026

The case involved a challenge to a preventive detention order passed against the detenu under the Gujarat Prevention of Anti-social Activities Act, 19...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. Reconsideration of Previously Adjudicated Offences and Failure to Distinguish Public Order from Law and Order Invalidates Preventive Detention.

23 Sep 2024

The petitioner, Rajesh @ Dadu Eknath Nikumbh (Dhobi), challenged a preventive detention order dated 14.03.2024 passed by the District Magistrate, Jalg...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay — Subjective Satisfaction Vitiated by Casual Approach. Delay of 9 months between incident and detention order held to vitiate the subjective satisfaction under MPDA Act.

15 Dec 2017

The petitioner, Aalam Yosuf Shaikh, challenged a detention order dated 15 September 2017 passed under the Maharashtra Prevention of Dangerous Activiti...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu Already in Custody at Time of Order. The court held that the detaining authority must consider the likelihood of release on bail when the detenu is in custody; failure to do so renders the detention order invalid.

16 Apr 2016

The petitioner, Shahrukh Yunus Khan, challenged a preventive detention order passed by the Commissioner of Police, Pune City, on 23 December 2015 unde...

High Court

Bombay High Court Allows Petitions for Premature Release of Life Convicts in NDPS Act Cases — Held That Detention Beyond 14 Years Without Consideration of Remission Is Illegal. The court directed the state to consider premature release under the remission policy dated 10.02.2010 and Section 433A CrPC.

13 Aug 2015

The petitioners, Bandu Shivaji More, Prashant Krushandev Jadhav, and Satyawan Mahadev Suryavanshi, were convicted for offences under the Narcotic Drug...

High Court

Bombay High Court Quashes Detention Order in MPDA Case Due to Non-Application of Mind. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Bail Orders.

8 May 2015

The petitioner, Shailesh Dnyaneshwar Kedar, challenged a detention order dated 23 November 2014 passed by the Commissioner of Police, Nagpur, under Se...

High Court

Bombay High Court Quashes Preventive Detention Order Under COFEPOSA for Non-Placement of Vital Documents. Failure to Place Retraction Statements and Bail Orders Before Detaining Authority Renders Detention Invalid Under Section 3(1) of COFEPOSA Act, 1974.

7 Nov 2014

The petitioner, son of the detenu Ramesh B. Doshi, challenged an order of preventive detention passed under Section 3(1) of the Conservation of Foreig...

High Court

Bombay High Court Quashes Detention Order in Essential Commodities Case Due to Non-Application of Mind and Lack of Proximate Link. Preventive Detention Under Section 3(2) of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 Set Aside as Detaining Authority Failed to Consider Bail Order and There Was Unexplained Delay.

6 Jul 2011

The petitioner, Ravindra Prakash Nikam, challenged an order of detention passed by the Commissioner of Police, Solapur, on 1 March 2011 under Section ...

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...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Non-Supply of Relevant Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated.

26 Oct 2010

The petitioner, brother of the detenu, challenged the detention order dated 2nd April 2009 passed by respondent no.2 under Section 3(1) of the Conserv...

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