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High Court

Bombay High Court Quashes Detention Order in MPDA Case Due to Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Link Between Bootlegging and Public Order. The court held that the detaining authority must consider the detenu's bail status and establish a clear nexus between the alleged activities and public order, which was absent in this case.

12 Jul 2018

The petitioner, Anil Preetam Kumbhar, challenged a detention order passed by the Commissioner of Police, Pune on 6 April 2018 under the Maharashtra Pr...

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 Quashes Detention Order Under COFEPOSA Due to Unexplained Delay and Non-Application of Mind. Preventive detention order set aside as detaining authority failed to consider vital documents and exhibited casual approach.

7 Jan 2016

The petitioner, brother of the detenu Siraz Mohammed Sayyed, challenged a detention order dated 10 July 2015 passed under Sections 3(1)(ii) and 3(1)(i...

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) of the Constitution Violated by Failure to Furnish Statements of Co-Accused and Retraction Letters.

17 Jul 2015

The petitioner, Deepak Bapu Keluskar, challenged a detention order dated 29th September 2014 passed by the detaining authority under Section 3(1) of t...

High Court

Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Act for Non-Application of Mind and Mechanical Exercise of Power. Detenu's Right to Make Representation Under Article 22(5) of Constitution Was Frustrated by Delayed Consideration and Failure to Supply Relevant Documents.

19 Mar 2015

The petitioner, a friend of the detenu Mavin Keezhil Mohamed Aslam, filed a writ of habeas corpus under Article 226 of the Constitution challenging th...

High Court

Bombay High Court Quashes COFEPOSA Detention Order Due to Illegible Documents Violating Article 22(5). Supplying illegible documents amounts to non-communication of grounds, depriving detenu of effective representation.

29 Nov 2013

The petitioner, Sanjay Soni, challenged a detention order dated 25th January 2012 passed under Section 3(1) of the Conservation of Foreign Exchange an...

High Court

Bombay High Court Quashes Detention Order Under National Security Act for Non-Service of Order and Denial of Representation Rights. The court held that failure to serve the detention order and inform the detenu of his right to make a representation violates Section 3(2) of the National Security Act, 1980 and Article 22(5) of the Constitution.

7 Oct 2013

The petitioner, Jalil Shaikh, through his brother Abdul Hamed Shaikh, filed a criminal writ petition before the Bombay High Court at Goa challenging a...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order.

16 Feb 2012

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Sect...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay Snapping Live-Link. Preventive Detention Order Set Aside as Delay of 25 Days in Passing Order Not Satisfactorily Explained by Detaining Authority.

23 Jan 2012

The petitioner, Mandar Ajit Borkar, challenged his preventive detention order dated 14th October 2011 passed by the Commissioner of Police, Brihan Mum...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Detenu's Bail Status and Lack of Compelling Necessity for Preventive Detention. The court held that the detaining authority must consider the detenu's bail status and demonstrate a compelling necessity for preventive detention over ordinary law.

30 Jun 2011

The petitioner, wife of the detenu Firoz Khan alias Aabu, challenged a detention order dated 31.12.2010 passed by the Commissioner of Police, Nagpur, ...

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