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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 the Constitution Violated as Statements of Co-Accused Not Supplied.

The petitioner, wife of the detenu Kirti Vanabhai Patel, filed a habeas corpus petition under Article 226 of the Constitution challenging the detentio...

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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) Violated as Statements of Co-Accused Not Furnished.

The petitioner, brother-in-law of the detenu Abdulla Gulam Mustafa, challenged a detention order dated 27.11.2003 issued by the Principal Secretary (A...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind — Detenu's Representation Not Considered Before Confirmation. Failure to Consider Representation Before Confirmation Under Section 8(f) of COFEPOSA Renders Detention Invalid.

The petitioner, brother of the detenu, challenged the detention order dated 2.4.2004 passed under section 3(1) of the Conservation of Foreign Exchange...

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Bombay High Court Allows Petition and Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Non-Supply of Vital Documents. Non-Consideration of Bail Order and Retraction of Statements Violates Right to Make Effective Representation Under Article 22(5) of Constitution.

The petitioner, wife of the detenu Ganesh Maharudra Desai, challenged the detention order dated 6/8/2009 passed under Section 3(1) of the Conservation...

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Supreme Court Hears Constitutional Challenge to COFEPOSA Preventive Detention Powers for Foreign Exchange Violations. Petitioners Contend Absence of Penal Provisions Under FEMA Renders Section 3(1) Unconstitutional.

The writ petition under Article 32 of the Constitution was filed directly in the Supreme Court challenging the constitutional validity of Section 3(1)...

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Bombay High Court Reserves Judgment on Challenge to DRI's Investigation and Letters Rogatory in Coal Import Over-Valuation Case. Petitioner Argues Non-Cognizable Offences Require Magistrate Order under CrPC, Rendering Letters Rogatory Invalid.

The present writ petition before the Bombay High Court arises from an investigation initiated by the Directorate of Revenue Intelligence (DRI) against...