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Search Results for "fresh detention order"

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High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Detenu Already in Judicial Custody — Failure to Consider Less Drastic Remedy Renders Detention Invalid. The court held that a preventive detention order cannot be sustained when the detenu is already in custody and the detaining authority fails to consider the possibility of resorting to less drastic remedies such as cancellation of bail.

4 Apr 2016

The petitioner, Sagar Prakash Bhosale, challenged a preventive detention order dated 1 June 2015 passed by the Commissioner of Police, Solapur, under ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind — Gap of Nearly One Year Between Issuance and Execution Without Reconsideration of Changed Circumstances. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider That Detenu Was in Judicial Custody at Time of Execution, Though on Bail When Order Was Issued.

5 Apr 2005

The petitioner, Shri Raja @ Rajesh Rajan Nair, challenged his detention order dated 30th September 2003 issued under the Maharashtra Prevention of Dan...

High Court

Bombay High Court Quashes Detention Order in Dangerous Person Case Due to Non-Application of Mind Regarding Bail Status. Preventive detention under Section 3(2) of Maharashtra Prevention of Dangerous Activities Act, 1981 set aside as detaining authority failed to consider that detenu was on bail in all four criminal cases, vitiating subjective satisfaction.

21 Dec 2020

The petitioner, Sunil Pandharinath Dhotre, challenged a detention order dated 11/2/2020 passed by the Commissioner of Police, Nashik, detaining him fo...

High Court

Madras High Court Allows Habeas Corpus Petition and Quashes Detention Order in Goonda Case Due to Non-Application of Mind. Detaining Authority's Reliance on Irrelevant Bail Order Without Similar Facts Vitiated Subjective Satisfaction Under Section 2(f) of Tamil Nadu Act 14 of 1982.

11 Mar 2026

The petitioner, Karishma Kapoor, wife of the detenu Sai Sudhahar @ Sudhahar, filed a Habeas Corpus Petition under Article 226 of the Constitution of I...

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

Karnataka High Court Quashes Preventive Detention Order Under Karnataka Act for Twelve Months in First Instance. Detention Order Held Illegal as Contravening Proviso to Section 3(2) and Supreme Court Precedent in Cherukuri Mani; Detenu Ordered Released.

18 Nov 2016

The petitioner, Yallappa, a poor coolie living with his wife and children in Raichur, was detained under the Karnataka Prevention of Dangerous Activit...

High Court

Bombay High Court Quashes Preventive Detention Order for Detenu Already in Jail — Subjective Satisfaction Vitiated. Detention under Maharashtra Prevention of Dangerous Activities Act, 1981 set aside as detaining authority failed to consider necessity of preventive detention when detenu was already in custody.

7 Aug 2012

The petitioner, Pramod Ashok Pujari, was a detenu under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders a...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Detenu Granted Bail in One Case and Remanded in Another, Yet Detaining Authority Failed to Consider Likelihood of Release and Continued Dangerous Activity.

12 Jul 2016

The petitioner, Mohammed Asif @ Mental Abdul Sattar Shaikh @ Mohd. Asif @ Mental Abdul Sattar Khan, challenged a preventive detention order dated 15.1...

High Court

High Court of Judicature at Bombay Considers Pre-Execution Challenge to Detention Orders Under COFEPOSA; Maintainability of Writ Petitions and Grounds for Interference are Limited to Five Exhaustive Grounds as per Gadia’s Case. Court Rejects Request to Allow Fresh Representation Under Section 11 When Prior Representation Already Rejected, Holding that It Cannot Direct Government to Review Its Decision.

5 Jan 2011

(1) Background: Three criminal writ petitions were filed under Article 226 of the Constitution of India seeking quashing of detention orders passed un...

High Court

Bombay High Court Allows Petition Challenging Detention of Imported Food Consignment Without Show Cause Notice. Detention of Imported Food Consignment by Customs Authorities Without Issuing Show Cause Notice and Affording Opportunity of Hearing Violates Principles of Natural Justice Under Customs Act, 1962 and FSSAI Regulations.

10 Sep 2025

The petitioner, Shri Vyom Dipesh Raichanna, a proprietor of Trinity Agro Products, imported a consignment of food products. The consignment was detain...

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