Search Results for "Preventive Detention Act"

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Search Results for "Preventive Detention Act"

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High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated as Statements of Co-Accused Not Furnished.

24 Jul 2015

The petitioner, brother-in-law of the detenu Burhan Fakhruddin Khatumdi, challenged a detention order dated 27.3.2015 passed by the Principal Secretar...

High Court

Bombay High Court Quashes Preventive Detention Order for Failure to Record Imminent Possibility of Bail Under Maharashtra Prevention of Dangerous Activities Act, 1981. Detaining Authority's Observation of Future Possibility of Bail Does Not Meet the Requirement of Subjective Satisfaction That Release Was Imminent, Vitiating the Detention Order.

22 Aug 2017

The petitioner, Shri Suraj Ram Gaikwad, challenged by writ petition under Article 226 of the Constitution the preventive detention order dated 8 Febru...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind — Detaining Authority Failed to Consider Grant of Bail in Similar Cases. Preventive Detention Order Set Aside as Subjective Satisfaction Was Not Based on Relevant Material Under Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981.

28 Mar 2018

The petitioner, Rohit Kesrinath Patil @ Dappu, challenged a detention order dated 6th January 2018 issued under Section 3 of the Maharashtra Preventio...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Material to Show Public Order Threat. The court held that mere criminal antecedents without evidence of public disturbance do not justify preventive detention under Section 3(1) of the MPDA Act.

20 Jun 2018

The petitioner, Nikki @ Kawa s/o Suresh Khare, challenged an order of detention passed by the Commissioner of Police, Nagpur City on 29 January 2018 u...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Stale Grounds. Single FIR and Bail Not Sufficient to Treat Detenu as Dangerous Person Affecting Public Order.

4 Dec 2021

The petitioner, Vishal Aananda Mahabal, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootlegger...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Proximity Between Offences and Public Order. Single Criminal Case and In-Camera Statements Held Insufficient to Establish Threat to Public Order Under Section 3(2) of MPDA Act.

14 Aug 2020

The petitioner, Salman @ Baba Harun Khan, challenged a preventive detention order dated 18.01.2019 passed by the Commissioner of Police, Nagpur, under...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Detaining Authority Failed to Consider Grant of Bail in Similar Cases. The court held that failure to consider the possibility of bail in similar cases vitiates the subjective satisfaction required for preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons Act, 1981.

29 Aug 2016

The petitioner, Vaibhav @ Pintya Bharat Mane, challenged an order of preventive detention dated 23.11.2015 passed by the Commissioner of Police, Pune ...

High Court

Bombay High Court Quashes Preventive Detention Order Under PITNDPS Act Due to Inordinate Delay in Execution — Detenu Surrendered Voluntarily After 17 Years, Detention Order Held Stale and Non-Operative. The court held that an unexplained delay of 17 years between the passing of a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 and its execution renders the order stale and vitiates the subjective satisfaction of the detaining authority.

10 Oct 2012

The petitioner, Smt. Heena Kausar, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking to set aside a preventive det...

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 MPDA Case Due to Non-Application of Mind and Lack of Compelling Necessity. Preventive detention order under Section 3(1) of MPDA Act set aside as detaining authority failed to consider that detenu was in judicial custody and did not independently verify in-camera statements.

3 Apr 2023

The petitioner, Sandeep Govind Pawar, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers,...

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