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Search Results for "continued detention illegal"

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High Court

High Court of Karnataka Quashes Preventive Detention Under Goonda Act for Non-Application of Mind and Lack of Material. Detention order set aside as the detaining authority failed to consider the detenu's bail applications and did not provide relevant documents to the detenu, violating procedural safeguards under Article 22(5) of the Constitution.

16 Oct 2024

The petitioner, Smt. Sangeeta Sunkrol, wife of the detenu Satish @ Market Satya, filed a writ petition for habeas corpus challenging the detention ord...

Supreme Court

Supreme Court Allows Appeal Against Preventive Detention Under COFEPOSA Due to Unexplained Delay in Considering Representation — Right Under Article 22(5) Violated. The Court held that the 60-day delay in considering the detenue's representation by the Central Government was unexplained and vitiated the detention order.

15 May 2023

The Supreme Court allowed an appeal against a preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activi...

Supreme Court

Supreme Court Quashes Detention Order Under PIT NDPS Act Due to Non-Application of Mind and Lack of Live Link. Preventive detention order was invalid as detaining authority failed to consider bail status and relied on stale incidents without contemporary material showing continued prejudicial activity under Section 3(1) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

30 Sep 2022

The appeal arose from a preventive detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substanc...

High Court

Bombay High Court Quashes Detention Order in MPDA Case Due to Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Link Between Bootlegging and Public Order. The court held that the detaining authority must consider the detenu's bail status and establish a clear nexus between the alleged activities and public order, which was absent in this case.

12 Jul 2018

The petitioner, Anil Preetam Kumbhar, challenged a detention order passed by the Commissioner of Police, Pune on 6 April 2018 under the Maharashtra Pr...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Violation of Detenu's Right to Lead Oral Evidence Before Advisory Board. Failure to Inform Detenu of Right to Produce Witnesses Renders Detention Invalid.

4 Jan 2018

The petitioner, wife of the detenu Vishal Salunke, challenged the detention order dated 9th August 2017 passed under Section 3 of the Maharashtra Prev...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Verification of In-Camera Statements. Failure to Verify Secret Statements Renders Subjective Satisfaction Invalid, Making Detention Order Unsustainable.

3 Mar 2016

The petitioner, brother of the detenu Dipak alias D. Baba Kashinath Kamble, challenged a detention order dated 7 August 2015 issued by the Commissione...

High Court

Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Lack of Proximity and Non-Application of Mind. Detention orders set aside as the detenus were not directly involved in smuggling and the detaining authority failed to consider less drastic alternatives.

24 Jan 2014

The Bombay High Court, by a judgment dated 24 January 2014, allowed two criminal writ petitions challenging preventive detention orders passed under S...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind to Witness Statements. The court held that the detaining authority failed to properly consider in-camera statements, violating the detenu's right to make an effective representation under Article 22(5) of the Constitution.

14 Mar 2013

The petitioner, Ravi Hanumant Thorat, brother-in-law of the detenu Sahadeo @ Sada Laxman Dhavare, challenged the validity of a preventive detention or...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order.

16 Feb 2012

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Sect...

High Court

Bombay High Court Dismisses Petition Challenging Preventive Detention Under MPDA Act for Dangerous Person. Detention Order Based on Past Criminal Activities and In-Camera Statements Upheld as Valid Under Section 3(2) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981.

21 Oct 2010

The petitioner, brother of the detenue Surendra @ Surya Daulat Desai, challenged a detention order dated 15th March 2010 issued by the Commissioner of...

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