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Search Results for "preventive detention"

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High Court

Bombay High Court Quashes MPDA Detention Order Against Sand Smuggler Due to Non-Application of Mind. Preventive detention set aside as detaining authority failed to consider custody and lack of public order impact.

7 May 2026

The petitioner, Shubham Balasaheb Kardule, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 528 of the ...

High Court

Gujarat High Court Quashes Preventive Detention Order in NDPS Case for Lack of Material on Public Order Disturbance. Detention under Section 2(e) of PITNDPS Act, 1988 set aside as mere involvement in illicit traffic without affecting public order does not justify preventive detention.

23 Feb 2026

The petitioner, Kazimali @ Wasim Yunusali @ Saiyedsaab Saiyed, filed a petition through his brother-in-law challenging a preventive detention order da...

High Court

Gujarat High Court Quashes PASA Detention Order for Lack of Material Showing Threat to Public Order. Preventive detention under Gujarat Prevention of Anti-Social Activities Act, 1985 set aside as mere registration of FIR under Prohibition Act does not establish disturbance to public order.

12 Feb 2026

The petitioner, Rashikbhai Jinabhai Bambhoniya, filed a Special Civil Application under Article 226 of the Constitution before the Gujarat High Court,...

High Court

Gujarat High Court Quashes Preventive Detention Order Under PITNDPS Act for Lack of Material Showing Disturbance to Public Order. Detenu's Past Offences Under NDPS Act Do Not Justify Preventive Detention Without Proximity to Public Order.

11 Feb 2026

The petitioner, Mohammed Firoz @ Firoz Chor, through his wife Ronakanjuman Shaikh, challenged a preventive detention order dated 26.12.2025 passed by ...

High Court

High Court Quashes Preventive Detention Order Under Gujarat Prevention of Anti-social Activities Act Due to Insufficient Material. Single Criminal Case Under Prohibition Act Found Inadequate to Establish Prejudice to Public Order Under Sections 2(b) and 3 of the Act.

8 Jan 2026

The case involved a challenge to a preventive detention order passed against the detenue under the Gujarat Prevention of Anti-social Activities Act, 1...

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

Karnataka High Court Quashes Detention Order Under PIT-NDPS Act for Non-Application of Mind and Procedural Lapses. Preventive Detention Order Set Aside Due to Failure to Consider Pending Bail Application and Unexplained Delay in Forwarding Representation.

3 Jul 2020

The petitioner, a Nigerian national, was detained under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances A...

High Court

High Court of Karnataka Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind and Delay in Representation. Preventive Detention Invalid as Detaining Authority Failed to Consider Less Restrictive Measures and Unexplained Delay of 22 Days in Disposal of Representation Violated Article 22(5) of Constitution.

18 Jul 2019

The petitioner, Smt. Maimuna, wife of the detenu Sri. Akbar Siddik, filed a writ petition under Article 226 of the Constitution of India challenging t...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Unexplained Delay in Disposal of Representation. Failure to Consider Detenu's Representation Promptly Violates Article 22(5) of the Constitution, Rendering Detention Invalid.

20 Dec 2016

The petitioner, Yahya @ Ayya Akbar Khan, challenged a preventive detention order dated 30 July 2016 passed by the Commissioner of Police, Mumbai, unde...

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...

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