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Search Results for "preventive proceedings"

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High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Non-Service on Detenue in Judicial Custody and Reliance on Irrelevant Material. The court held that failure to serve detention order on detenue while in judicial custody and reliance on a criminal case in which detenue was not involved renders the order illegal.

1 Oct 2025

The petitioner, Dikshant @ Dadu Devidas Sapkale, challenged a preventive detention order dated 18.07.2024 passed by the District Magistrate, Jalgaon u...

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

Court Quashes Politically Motivated Detention Order Against Opposition Politician. Subjective Satisfaction and Proper Evidence Lacking; Petitioner to Be Released Forthwith

3 Jul 2024

The petitioner, Yogesh Udaram Gokhe, challenging a detention order passed by the respondents under the Maharashtra Prevention of Dangerous Activities ...

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...

Supreme Court

Supreme Court Quashes Preventive Detention Order in Telangana Act Case Due to Non-Application of Mind and Stale Material. Detenu Granted Bail Months Before Detention Order, Conditions Fulfilled, No Breach of Public Order Established.

25 Jan 2022

The Supreme Court allowed the appeal against the preventive detention of the detenu under the Telangana Prevention of Dangerous Activities Act, 1986. ...

Supreme Court

Supreme Court Quashes Detention Order Under National Security Act 1980 Due to Procedural Lapses in Considering Representation. The detention was found illegal as the authorities delayed considering the representation and failed to communicate the decision, violating Article 22(5) of the Constitution and procedural safeguards under the National Security Act 1980.

29 Oct 2021

The Supreme Court of India heard a criminal appeal challenging a detention order under the National Security Act 1980. The appellant, a hospital direc...

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 Dismisses Petition Challenging Show Cause Notice and Retrospective Amendment to Section 28 of Customs Act, 1962 — Upholds Validity of Officers' Powers and Amendment.

3 Nov 2014

The petitioner, Sunil Gupta, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging a show caus...

High Court

Bombay High Court Quashes Preventive Detention Orders in Red Sanders Smuggling Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(1) of COFEPOSA set aside as detaining authority did not consider whether bail conditions or other measures would suffice.

28 Jun 2013

The Bombay High Court allowed two habeas corpus petitions challenging preventive detention orders dated 21 February 2013 issued under Section 3(1) of ...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Due to Non-Application of Mind and Unexplained Delay. Detenu's Exoneration in Adjudication Proceedings Not Considered by Detaining Authority, Rendering Order Invalid Under Section 3(1) of COFEPOSA Act, 1974.

6 Jul 2006

The petitioner, brother of the detenu Bherchand Tikaji Bora, challenged an order of detention dated 27th August 1998 passed under Section 3(1) of the ...

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