Search Results for "preventive provision"

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Search Results for "preventive provision"

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High Court

High Court of Gujarat Quashes Preventive Detention Order Under Gujarat Prevention of Anti-social Activities Act Due to Insufficient Material Showing Public Order Prejudice. Detention Based on Two Criminal Cases Where Detenu Had Been Granted Bail Was Held Invalid as Preventive Detention Cannot Substitute Ordinary Criminal Procedure When Bail Is Available.

8 Jan 2026

The case involved a challenge to a preventive detention order passed against the detenu under the Gujarat Prevention of Anti-social Activities Act, 19...

High Court

High Court Quashes Preventive Detention Order Under Gujarat Prevention of Anti-social Activities Act Due to Insufficient Impact on Public Order. Detention Found Illegal as Material Did Not Establish Activities Affected Public Order and Ordinary Criminal Law Provided Alternative Remedies When Accused Was Granted Bail.

8 Jan 2026

The case involved a challenge to a preventive detention order passed against Applicant under the Gujarat Prevention of Anti-social Activities Act, 198...

High Court

High Court Quashes Preventive Detention Order Under Gujarat Prevention of Anti-social Activities Act Due to Insufficient Impact on Public Order. Detention Based on Five Criminal Cases Under Section 304(2) BNS Found Inadequate to Establish Prejudice to Public Order Under Section 2(c) of the Act.

6 Jan 2026

The case involved a petition challenging a preventive detention order passed under the Gujarat Prevention of Anti-social Activities Act, 1985. The det...

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...

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 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 Preventive Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Less Restrictive Alternatives Renders Detention Unreasonable. Court held that the Detaining Authority must consider the possibility of resorting to less drastic measures like cancellation of bail or prosecution before ordering preventive detention under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drugs Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981.

27 Feb 2020

The petitioner, Rakesh Mohan Gadekar, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers,...

High Court

Bombay High Court Quashes Detention Order in MPDA Case for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Order Set Aside as Grounds Were Stale and Irrelevant, Violating Article 22(5) of the Constitution of India.

29 Jan 2018

The petitioner, brother-in-law of the detenu Ganesh Narayan Mane, challenged the detention order dated 08.09.2017 passed by the Commissioner of Police...

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...

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