Search Results for "Preventive Detention Act"

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Search Results for "Preventive Detention Act"

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High Court

High Court of Karnataka Quashes Detention Order in Karnataka Prevention of Dangerous Activities Act Case — Failure to Consider Less Restrictive Measures. Detenu's brother successfully challenged preventive detention as the detaining authority did not consider the possibility of resorting to less drastic remedies under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985.

26 Sep 2018

The petitioner, Suresh B. Shetty, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India challenging the preventive de...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Proper Verification of In-Camera Statements. Detention order under Section 3(2) of MPDA Act set aside as detaining authority failed to verify in-camera statements and did not consider that the alleged incident was a public agitation.

21 Apr 2023

The petitioner, Avinash @ Balu Atmaram More, challenged his detention order dated 07-06-2022 passed under Section 3(2) of the Maharashtra Prevention o...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay — Subjective Satisfaction Vitiated by Casual Approach. Delay of 9 months between incident and detention order held to vitiate the subjective satisfaction under MPDA Act.

15 Dec 2017

The petitioner, Aalam Yosuf Shaikh, challenged a detention order dated 15 September 2017 passed under the Maharashtra Prevention of Dangerous Activiti...

High Court

Bombay High Court Allows Habeas Corpus Petition and Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Inordinate Delay. The court held that the detaining authority failed to apply its mind and the delay of over two years in executing the order vitiated the detention.

22 Jun 2010

The petitioner, Naresh Dua, brother of the detenu Rajesh Dua, filed a habeas corpus petition under Article 226 of the Constitution of India challengin...

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 ...

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 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...

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...

High Court

High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Grounds in Language Known to Detenue — Violation of Article 22(5) of Constitution of India and Section 8 of Karnataka Prevention of Dangerous Activities Act, 1985. The court held that the detaining authority must ensure the detenue understands the grounds of detention to make an effective representation; failure to do so renders the detention illegal.

31 Aug 2023

The petitioner, Smt. Shrenika, wife of the detenue Sri. Huchappa @ Dhanaraj Kalebag, filed a writ petition under Articles 226 and 227 of the Constitut...

High Court

Gujarat High Court Quashes Preventive Detention Order for Bootlegger Due to Lack of Material Showing Disturbance to Public Order. Detention under Gujarat Prevention of Anti-social Activities Act, 1985 set aside as mere registration of FIRs does not justify preventive detention without evidence of public order being affected.

8 Jan 2026

The petitioner, Arvind @ Kejrival S/o Dhaku Ghodse, was preventively detained by an order dated 07/12/2025 passed by the Police Commissioner, Surat, a...

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