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Search Results for "detention order challenge"

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High Court

Madras High Court Allows Habeas Corpus Petition and Quashes Detention Order in Goonda Case Due to Non-Application of Mind. Detaining Authority's Reliance on Irrelevant Bail Order Without Similar Facts Vitiated Subjective Satisfaction Under Section 2(f) of Tamil Nadu Act 14 of 1982.

11 Mar 2026

The petitioner, Karishma Kapoor, wife of the detenu Sai Sudhahar @ Sudhahar, filed a Habeas Corpus Petition under Article 226 of the Constitution of I...

High Court

Bombay High Court Quashes Detention Order in MCOCA Case for Non-Application of Mind — Failure to Consider Bail Conditions and Lack of Satisfying Material Renders Preventive Detention Invalid. The court held that the detaining authority must consider all relevant facts, including the fact that the detenu was on bail, and failure to do so vitiates the detention order under Section 3(1) of MCOCA.

14 Nov 2025

The petitioner, Avinash Gopal Shilimkar, was detained under Section 3(1) of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) by an order d...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Supply of Vital Documents. Failure to provide injury certificates and statements of injured witnesses to detenu vitiates preventive detention order under Section 3(2) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Black Marketing of Essential Commodities Act, 1981.

6 Feb 2024

The petitioner, Firoz Mohammad Shaikh, challenged a detention order dated 27 September 2023 passed by the Commissioner of Police, Pune under Section 3...

High Court

Bombay High Court Quashes Detention Order Under M.P.D.A. Act for Lack of Subjective Satisfaction Regarding Imminent Possibility of Release on Bail. Detaining Authority Failed to Disclose Cogent Material or Satisfaction That Detenu in Custody Would Be Released on Bail.

27 Jan 2023

The petitioner, Nitin Baban Pawar, challenged an order of detention dated 19th May 2022 issued by the Commissioner of Police, Thane, under the Maharas...

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 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 Under COFEPOSA for Non-Placement of Bail Order Before Detaining Authority. The court held that the bail order was a vital document and its non-consideration vitiated the subjective satisfaction under Section 3(1) of COFEPOSA Act, 1974.

6 Nov 2012

The petitioner, brother of the detinue, filed a writ of habeas corpus under Article 226 of the Constitution challenging the detention order dated 17th...

High Court

Bombay High Court Quashes Preventive Detention Order for Non-Communication of Grounds in Known Language — Violation of Article 22(5) of Constitution and Section 8 of Maharashtra Prevention of Dangerous Activities Act, 1981. The court held that the detaining authority must ensure grounds are communicated in a language known to the detenu to enable effective representation, and failure to do so renders the detention order invalid.

28 Aug 2012

The petitioner, Firoz Hyder Shaikh @ Kalya Firoz, was detained under a preventive detention order dated 5th September 2011 passed by the Commissioner ...

High Court

Bombay High Court Dismisses Petition for Detention Certificate and Setting Aside of Auction in Customs Detention Case — Auction Upheld as Goods Were Not Cleared Despite Court Orders and Had Already Been Auctioned by Warehousing Corporation.

28 Apr 2005

The petitioners, M/s Santogen Silk Mills Ltd. and its shareholder, imported 41 second-hand Sulzer looms in March 1994. Prior to import, the customs de...

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