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High Court

Bombay High Court Quashes Detention Order in COFEPOSA Case for Non-Application of Mind — Failure to Consider Retraction of Confession and Lack of Independent Witnesses. The court held that the detaining authority's failure to consider the retraction of confession and the absence of independent witnesses vitiated the subjective satisfaction required under Section 3(1) of COFEPOSA.

7 May 2026

The petitioner, IDFC First Bank Limited, filed a writ petition under Article 226 of the Constitution of India challenging a detention order passed und...

High Court

Bombay High Court Dismisses Customs Appeal Against Acquittal in Gold Smuggling Case — Retracted Confession and Lack of Independent Witnesses Lead to Acquittal Confirmation. Section 108 Customs Act statement retracted on ground of coercion and not corroborated by independent evidence, hence not reliable.

15 Jan 2020

The case involves an appeal by the Union of India against the acquittal of Narendra Ratanchand Jain (respondent no.1) for offences under the Customs A...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Due to Non-Application of Mind and Unexplained Delay. Failure to Consider Retraction of Statement and Delay of Over 11 Months in Passing Order Vitiate Subjective Satisfaction Under Section 3(1)(i) of COFEPOSA Act, 1976.

5 May 2017

The petitioner, Gaurav Kanak Jain, challenged a detention order dated 21st November 2016 passed under Section 3(1)(i) of the Conservation of Foreign E...

High Court

Bombay High Court at Goa Dismisses Detenu's Writ Petition Challenging Preventive Detention Under COFEPOSA — Upholds Detention Order Based on Smuggling of Foreign Currency and Gold. The court held that the detaining authority's subjective satisfaction was valid and the procedural safeguards under Article 22(5) were complied with.

22 Jun 2016

The petitioner, Imtiyaz Hussain, was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1...

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 Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Retraction of Statement and Bail Conditions Ignored, Violating Article 22(5) of the Constitution.

3 Jul 2015

The petitioner, son of the detenu Bittu Choith Harchandani, challenged a detention order dated 16.4.2015 passed by the second respondent under Section...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind — Detenu's Retraction of Statement Not Considered by Detaining Authority

11 Oct 2011

The petitioner, son of the detenu Balwinder Singh, filed a writ petition under Article 226 of the Constitution of India challenging a detention order ...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Communication of Grounds. Detenu's Right to Make Effective Representation Violated as Documents Relied Upon Were Not Supplied.

15 Jul 2011

The petitioner, Shabbirbhai Bookwala, father of the detenu Mustafa Sabbirbhai Bookwala, filed a habeas corpus petition under Article 226 of the Consti...

High Court

Bombay High Court Acquits Accused in Murder Case Due to Unreliable Extra-Judicial Confession and Insufficient Circumstantial Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

27 Apr 2010

The appellant, Chandrakant Digambar Tanksale, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of Mohan, his cousin, and ...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Conviction Unsustainable.

6 May 2005

The appellant, Bocoum Ibrahim Malienne, a Nigerian national, was convicted by the Special Judge, NDPS Court, Greater Mumbai in NDPS Special Case No. 2...

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