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Search Results for "detention notice"

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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

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive Detention Cannot Be Based on Mere Criminal Antecedents Without Evidence of Public Order Disturbance.

8 Mar 2021

The petitioner, Ashok Kisan Jadhav, challenged his detention under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-...

Supreme Court

Supreme Court Dismisses Union of India's Challenge to Advisory Board Opinion in COFEPOSA Detention Case — Advisory Board's Opinion of No Sufficient Cause for Detention is Non-Justiciable and Not Subject to Challenge Under Article 136

21 Aug 2019

The case involves a challenge by the Union of India against the opinion of the Advisory Board constituted under the Conservation of Foreign Exchange a...

High Court

Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Non-Application of Mind and Violation of Right to Representation. Detenu's Right to Make Representation Under Article 22(5) of Constitution Infringed Due to Non-Supply of Grounds in Understandable Language and Unexplained Delay.

25 Jun 2019

The Bombay High Court allowed two criminal writ petitions challenging preventive detention orders passed under the Conservation of Foreign Exchange an...

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

Karnataka High Court Allows Habeas Corpus Petition Quashing Preventive Detention Order for Non-Application of Mind and Violation of Article 22(5). The court held that failure to communicate grounds of detention in a language understood by the detenu renders the detention illegal.

29 Jun 2015

The petitioner, Yashoda, wife of the detenu Keshava Poojary @ Choni, filed a writ petition for habeas corpus under Article 226 of the Constitution of ...

High Court

Karnataka High Court Allows Habeas Corpus Petition Challenging Preventive Detention Order for Non-Communication of Grounds in Known Language. Detenu's Right to Make Representation Under Article 22(5) Violated as Grounds Were Not Communicated in Tulu, a Language Known to Detenu.

29 Jun 2015

The petitioner, Yashoda, wife of Keshava Poojary @ Choni, filed a writ of habeas corpus under Article 226 of the Constitution of India challenging the...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind and Lack of Material to Show Public Order Threat. The court held that the alleged acts of the detenu only affected specific individuals and did not disturb public order, and the detaining authority failed to consider that the detenu was already in custody.

24 Apr 2015

The petitioner, Sushant Vasant Salunkhe @ Kalakhatta, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlor...

High Court

Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Act for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's wife successfully challenged detention order as grounds of detention did not reflect consideration of retraction of confessional statement and bail order, rendering detention invalid.

24 Aug 2012

The petitioner, Sangita Deepak Jare, wife of the detenu Deepak Sharad Jare, filed a writ of habeas corpus challenging the preventive detention order d...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Detaining Authority Failed to Independently Consider Grounds, Leading to Mechanical Affirmation of Proposal.

25 Jun 2012

The petitioner, brother-in-law of the detenu Janardan @ Janyadada Chintaman Bhoir, filed a habeas corpus petition challenging the detention order date...

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