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High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Stale Grounds. Single FIR and Bail Not Sufficient to Treat Detenu as Dangerous Person Affecting Public Order.

4 Dec 2021

The petitioner, Vishal Aananda Mahabal, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootlegger...

High Court

Bombay High Court Upholds Externment Orders Under Section 56(1)(a) and (b) of Maharashtra Police Act, 1951 — Emphasizes Need for Application of Mind and Compliance with Audi Alteram Partem. Court Holds That Externment Orders Must Be Based on Subjective Satisfaction of the Authority and Not Be Excessive or Arbitrary.

8 Feb 2019

The judgment arises from three criminal writ petitions challenging externment orders passed by the Deputy Commissioner of Police, Nagpur, under Sectio...

High Court

Bombay High Court Quashes MPDA Detention Order for Non-Communication of Documents — Violation of Section 8 MPDA Act. Preventive Detention Order Set Aside as Detenu Was Not Supplied Copies of In-Camera Statements and Bail Order, Depriving Him of Right to Make Effective Representation.

28 Jan 2019

The petitioner, Omkar Chandrashekhar Kapare, challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords...

High Court

Bombay High Court Dismisses Challenge to MPDA Detention Order Based on Severability of Grounds and Absence of Period in Initial Order. Detention Order Upheld as Past History Ground is Severable Under Section 5A, and Omission of Period in Initial Order Does Not Vitiate Detention.

6 Aug 2018

The petitioner, detained under the Maharashtra Prevention of Dangerous Activities Act, 1981, challenged the detention order dated 22.08.2017 passed by...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Material to Support Apprehension of Bail. Detenu in Judicial Custody Without Bail Application; Detaining Authority's Satisfaction of Imminent Release Held Unsubstantiated.

14 Mar 2018

The petitioner, Sagar Sunil Gaikwad, challenged an order of detention dated 27 September 2017 passed by the Commissioner of Police, Pune, under Sectio...

High Court

Bombay High Court Quashes Detention Order in MCOCA Case for Non-Application of Mind and Lack of Satisfying Material. Preventive Detention under Maharashtra Control of Organised Crime Act, 1999 set aside as the detaining authority failed to consider vital documents and the subjective satisfaction was based on irrelevant material.

9 Oct 2017

The petitioner, Shaikh Hafiz Shaikh Yusuf, was detained under Section 3(1) of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) by an order...

High Court

Bombay High Court Quashes Externment Order for Non-Disclosure of In-Camera Statements in Show Cause Notice — Violation of Principles of Natural Justice under Maharashtra Police Act. The Court held that failure to disclose substance of in-camera statements in show cause notice vitiates externment order as it deprives noticee of opportunity to meet the case.

25 Sep 2017

The petitioner, Sayyed Jafar Sayyed Nasir, challenged an externment order dated 23.6.2016 passed by the Deputy Commissioner of Police, Amravati City, ...

High Court

Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Appellate Authority Cannot Rely on Discarded Material Without Hearing. Externment Order Set Aside as Appellate Authority Relied on Four Offences Discarded by Original Authority Without Providing Opportunity of Hearing Under Maharashtra Police Act, 1951.

9 Dec 2016

The applicant, Vinay @ Mukka s/o Chawariya, challenged an externment order passed by the Deputy Commissioner of Police, Zone-I, Nagpur City on 05/04/2...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Orders and Inadequate Verification of In-Camera Statements. Preventive Detention Invalid as Detaining Authority Did Not Consider Bail Orders and In-Camera Statements Were Not Properly Verified Under Section 3 of MPDA Act, 1981.

30 Sep 2015

The petitioner, Abhishek Pradip Tarkase, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offende...

High Court

Bombay High Court Quashes Externment Order Under Section 56(1)(b) of Bombay Police Act for Lack of Subjective Satisfaction and Excessive Territorial Extent. Petitioner Externed from Pune City and District for Two Years; Order Set Aside as Authority Failed to Record Witnesses' Unwillingness and Area of Externment Was Disproportionate.

4 Dec 2013

The petitioner, Imtiyaz Afzal Hussain Shaikh, challenged an externment order dated 22 April 2013 passed by the Deputy Commissioner of Police under Sec...

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