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Search Results for "detention order quashed"

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High Court

Bombay High Court Quashes Detention Order in MCOCA Case for Non-Application of Mind — Failure to Consider Bail Conditions and Lack of Satisfying Material Renders Preventive Detention Invalid. The court held that the detaining authority must consider all relevant facts, including the fact that the detenu was on bail, and failure to do so vitiates the detention order under Section 3(1) of MCOCA.

14 Nov 2025

The petitioner, Avinash Gopal Shilimkar, was detained under Section 3(1) of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) by an order d...

High Court

Bombay High Court Quashes MPDA Detention Order Against Alleged Dangerous Person for Lack of Proximate Link Between Offences and Public Order. Detention order under Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981 set aside as the two criminal cases relied upon did not affect public order and were already subject to bail.

2 Jan 2025

The petitioner, Siddhant @ Siddharth Sachin Dhanedar, challenged a detention order dated 19/06/2024 passed by the Commissioner of Police, Nashik City,...

High Court

Bombay High Court Quashes Detention Order Against Bootlegger Under MPDA Act — Failure to Consider Bail Orders and Inadequate Verification of Witness Statements Renders Detention Invalid. Preventive detention order set aside as detaining authority did not consider bail orders and verification of anonymous witnesses was flawed, violating Article 22(5) of the Constitution.

8 Feb 2024

The petitioner, Dhanubai @ Dhanno Yashvant Netlekar, challenged an order dated 31.08.2023 passed by the District Magistrate, Jalgaon, detaining her as...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind. Detention order set aside as the detaining authority failed to consider the petitioner's bail status and relied on stale material.

10 Nov 2023

The petitioner, Asif Shaikh, challenged an order dated 22nd June 2023 passed by the Commissioner of Police, Mumbai, detaining him under Section 3(2) o...

High Court

Bombay High Court Quashes MPDA Detention Order Against Petitioner for Non-Application of Mind and Multiple Preventive Actions on Same Set of Facts. The court held that the detention order under Section 3 of MPDA Act was unsustainable as it was based on the same facts already considered in chapter proceedings and externment proceedings, and the petitioner did not habitually commit offences to be categorized as a dangerous person.

24 Aug 2021

The petitioner, Shri Chotu Mohan Naidu, filed a Criminal Writ Petition before the Bombay High Court challenging an order of detention dated 05.03.2021...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail in Main Offence Not Considered, Rendering Subjective Satisfaction Invalid.

5 Mar 2020

The petitioner, father of the detenu, challenged the preventive detention order dated 13th November 2019 passed by the Commissioner of Police, Railway...

High Court

High Court of Karnataka Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind and Delay in Representation. Preventive Detention Invalid as Detaining Authority Failed to Consider Less Restrictive Measures and Unexplained Delay of 22 Days in Disposal of Representation Violated Article 22(5) of Constitution.

18 Jul 2019

The petitioner, Smt. Maimuna, wife of the detenu Sri. Akbar Siddik, filed a writ petition under Article 226 of the Constitution of India challenging t...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Placement of Bail Order Before Detaining Authority. The court held that the bail order was a vital document and its non-consideration vitiated the subjective satisfaction under Section 3(1) of COFEPOSA Act, 1974.

6 Nov 2012

The petitioner, brother of the detinue, filed a writ of habeas corpus under Article 226 of the Constitution challenging the detention order dated 17th...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Detenu Already in Custody — Preventive Detention Based on Mere Possibility of Bail Is Invalid. The court held that a detention order under Section 3 of the MPDA Act cannot be sustained when the detaining authority's satisfaction is based on a speculative possibility of bail without any cogent material.

27 Jun 2006

The petitioner, Prakash Balkrishna Pujari, challenged his preventive detention order passed under Section 3 of the Maharashtra Prevention of Dangerous...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) Violated as Statements of Co-Accused Not Furnished.

13 Jun 2005

The petitioner, brother-in-law of the detenu Abdulla Gulam Mustafa, challenged a detention order dated 27.11.2003 issued by the Principal Secretary (A...

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