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High Court

High Court of Karnataka Quashes Preventive Detention Order in Bootlegging Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(2) of Karnataka Prevention of Dangerous Activities Act, 1985 set aside as grounds did not show that ordinary law was insufficient to prevent the detenu from acting prejudicially.

12 Jul 2024

The petitioner, wife of Sharath @ Sharath Kumar, filed a habeas corpus petition under Article 226 of the Constitution of India challenging the detenti...

High Court

Detention Order Quashed Due to Lack of Specificity in Grounds. Court emphasizes the need for clear and specific reasons for preventive detention to uphold constitutional safeguards.

2 Jul 2024

The detention order of Rakesh Ramdas Jejurkar under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA). The or...

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 Detention Order Under COFEPOSA Act for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated by Failure to Furnish Statements of Co-Accused.

27 Apr 2018

The petitioner, wife of the detenu Mushtaq Abubakar Sayed, filed a writ petition under Article 226 of the Constitution of India challenging the detent...

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 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 MPDA Act Due to Non-Application of Mind and Lack of Material to Show Public Order Threat. The court held that the alleged acts of the detenu only affected specific individuals and did not disturb public order, and the detaining authority failed to consider that the detenu was already in custody.

24 Apr 2015

The petitioner, Sushant Vasant Salunkhe @ Kalakhatta, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlor...

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 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...

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