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High Court of Karnataka partly allowed Criminal Petition Challenging Arrest and Remand of Foreign Nationals in NDPS Case - Illegality in not providing grounds of arrest in the language known to the petitioners

The High Court of Karnataka at Bengaluru heard a criminal petition filed by two Nigerian citizens challenging their arrest and remand in a narcotics c...

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High Court Dismisses Nigerian Students' Appeal Against Movement Restriction Order Under Foreigners Act - Visa Cancellation and Detention Upheld Despite Procedural Irregularities

The High Court of Karnataka dismissed a writ appeal filed by two Nigerian students challenging their detention under movement restriction orders issue...

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High Court of Karnataka Grants Bail to Nigerian National Accused of Rape and Criminal Intimidation, Subject to Conditions Including Deposit of Passport and Reporting to Police. Court Held That While Prima Facie Case Exists, Stringent Conditions Can Mitigate Risk of Absconding Under Section 439 CrPC.

The petitioner, Christian Chidieere Chukwu, a Nigerian national, filed a bail application under Section 439 CrPC in Crime No.602/15 registered by K.R....

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay. Delay of 9 months and 21 days between arrest and detention order held to be fatal, vitiating the subjective satisfaction of the detaining authority under Section 3(1) of COFEPOSA.

The petitioner, wife of the detenu, filed a writ petition challenging the detention order dated 13.06.2012 issued under Section 3(1) of the Conservati...

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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.

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

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Bombay High Court Dismisses Pre-Execution Challenge to COFEPOSA Detention Order for Lack of Grounds Under Alka Subhash Gadia Criteria. Petitioner's Argument That Detention Was for Wrong Purpose Rejected as Activities Constituted Smuggling, Not Mere Abetment.

The petitioner, Suresh Kumar U. Jain @ Sanjay Srinath Rana, filed a Criminal Writ Petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Non-Supply of Relevant Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated.

The petitioner, brother of the detenu, challenged the detention order dated 2nd April 2009 passed by respondent no.2 under Section 3(1) of the Conserv...

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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.

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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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Consideration of Representation and Non-Application of Mind. Detenu's representation dated 7-9-2004 was not considered by the detaining authority, and the detention order disclosed total non-application of mind.

The petitioner, Sanpreet Kaur Tejpal Singh, wife of the detenu Tejpal Mann Singh, challenged the detention order dated 6-2-2004 passed by respondent N...