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Search Results for "customs detention"

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Supreme Court

Supreme Court Upholds Detention Orders Under COFEPOSA Act Despite Detenu in Custody — Subjective Satisfaction of Imminent Release Sufficient. The Court held that the Detaining Authority's awareness of custody and recording of likelihood of release and propensity to indulge in prejudicial activities is sufficient to pass a valid detention order.

22 Nov 2019

The case involves appeals by the Union of India and the detenu against the Delhi High Court's judgment quashing detention orders under the COFEPOSA Ac...

High Court

Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Non-Application of Mind and Violation of Right to Representation. Detenu's Right to Make Representation Under Article 22(5) of Constitution Infringed Due to Non-Supply of Grounds in Understandable Language and Unexplained Delay.

25 Jun 2019

The Bombay High Court allowed two criminal writ petitions challenging preventive detention orders passed under the Conservation of Foreign Exchange an...

High Court

Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Act Due to Non-Supply of Incriminating Documents. Detenu's Right to Make Effective Representation Under Article 22(5) Violated as Statements of Co-Accused and Call Data Records Not Furnished.

30 Jul 2015

The petitioner, wife of the detenu Vilas Vithal Ambokar, challenged a preventive detention order dated 10th April 2015 passed by the Principal Secreta...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act Due to Unexplained Delay. Preventive Detention Order Set Aside as Inordinate and Unexplained Delay of 7 Months Between Arrest and Issuance of Detention Order Vitiated the Order Under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

9 Jul 2015

The petitioner, a friend of the detenu Mohammed Aboobaker, filed a writ petition under Article 226 of the Constitution of India challenging a preventi...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Retraction of Statement and Bail Conditions Ignored, Violating Article 22(5) of the Constitution.

3 Jul 2015

The petitioner, son of the detenu Bittu Choith Harchandani, challenged a detention order dated 16.4.2015 passed by the second respondent under Section...

High Court

Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Act for Non-Application of Mind and Mechanical Exercise of Power. Detenu's Right to Make Representation Under Article 22(5) of Constitution Was Frustrated by Delayed Consideration and Failure to Supply Relevant Documents.

19 Mar 2015

The petitioner, a friend of the detenu Mavin Keezhil Mohamed Aslam, filed a writ of habeas corpus under Article 226 of the Constitution challenging th...

High Court

Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Act for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's wife successfully challenged detention order as grounds of detention did not reflect consideration of retraction of confessional statement and bail order, rendering detention invalid.

24 Aug 2012

The petitioner, Sangita Deepak Jare, wife of the detenu Deepak Sharad Jare, filed a writ of habeas corpus challenging the preventive detention order d...

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 Allows Writ Petition Challenging Demurrage and Wharfage Charges by Port Trust — Holds Customs Detention Not Attributable to Exporter for Demurrage Liability. The court quashed the demand for demurrage and wharfage charges against the exporter and directed the Customs authorities to pay the amount to the Port Trust.

29 Mar 2006

The petitioners, Vidyt Metallics Ltd. and another, filed a writ petition challenging the orders dated 17.12.1998 and 29.12.1998 and the demand dated 8...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay in Execution and Consideration of Representation. Delay of Over Five Months in Executing Detention Order and Three Months in Considering Representation Violates Article 22(5) of Constitution and Section 3(1) of COFEPOSA Act.

2 Feb 2005

The petitioner, a friend of the detenu Mohd. Kunhi Kallattra, challenged a detention order dated 28.2.2002 issued by the Secretary (Preventive Detenti...

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