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High Court

Bombay High Court Quashes MPDA Detention Order for Lack of Proximate Link Between In-Custody Offences and Breach of Public Order. Detenu's Criminal Activities While in Custody Cannot Form Basis for Preventive Detention Under Section 3(2) of MPDA Act, 1981.

15 Jun 2023

The petitioner, father of the detenu Pruthviraj Vilas Aawale, challenged the detention order dated 16 December 2022 passed by the District Magistrate,...

High Court

Bombay High Court Quashes Detention Order in M.P.D. Act Case Due to Non-Application of Mind and Lack of Material to Show Public Order Threat. Detenu's alleged criminal activities were law and order issues, not public order, and the Detaining Authority failed to consider the detenu's bail status.

22 Dec 2022

The petitioner, Namrata Avinash Kadu, wife of the detenu Avinash Vasant Kadu, challenged the detention order dated 11th February 2022 passed by the Co...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Material to Show Public Order Disturbance. Detention of alleged bootlegger set aside as activities related to illicit liquor did not affect public order but only law and order.

30 Jun 2022

The petitioner, Jaywanta s/o Gangaram Pawar, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-off...

High Court

Bombay High Court Quashes Preventive Detention Order for Failure to Consider Bail Orders. Non-consideration of bail in pending criminal cases under Maharashtra Prohibition Act, 1949 vitiates subjective satisfaction under Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981.

15 Feb 2021

The petitioner, Elizabeth Ranibhai Prabhudas Gaikwad, challenged the preventive detention orders passed by the State of Maharashtra and the Collector ...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Failure to Consider Less Drastic Remedies. Detenu's bail in all three predicate offences and lack of credible material to show disturbance of public order vitiated the subjective satisfaction of the detaining authority.

9 Apr 2020

The petitioner, Mukesh @ Mukya Ramesh Desaikar, challenged a preventive detention order dated 31st October 2019 passed by the Commissioner of Police, ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind and Unexplained Delay. Preventive detention order set aside as detaining authority passed order within two days of receiving 287-page material, indicating lack of proper application of mind, and there was unexplained delay of 10 months from the first offence.

27 Feb 2020

The petitioner, Salauddin Imamuddin Ansari, father of the detenu Javed @ Sajan Salauddin Ansari, filed a criminal writ petition before the Bombay High...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Violation of Detenu's Right to Lead Oral Evidence Before Advisory Board. Failure to Inform Detenu of Right to Produce Witnesses Renders Detention Invalid.

4 Jan 2018

The petitioner, wife of the detenu Vishal Salunke, challenged the detention order dated 9th August 2017 passed under Section 3 of the Maharashtra Prev...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Orders and Inadequate Verification of In-Camera Statements. Preventive Detention Invalid as Detaining Authority Did Not Consider Bail Orders and In-Camera Statements Were Not Properly Verified Under Section 3 of MPDA Act, 1981.

30 Sep 2015

The petitioner, Abhishek Pradip Tarkase, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offende...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Vague In-Camera Statements — Failure to Furnish Dates and Places of Incidents Violates Detenu's Right to Make Effective Representation. The court held that withholding details of incidents in in-camera statements under Section 3(1) of MPDA Act renders the detention order illegal as it impairs the detenu's right to make an effective representation under Article 22(5) of the Constitution.

28 Oct 2013

The petitioner, Satish Shivcharan Samudre, challenged an order of detention dated 18th May 2013 passed by the Commissioner of Police, Nagpur under Sec...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Detenu Already in Custody — Preventive Detention Based on Mere Possibility of Bail Is Invalid. The court held that a detention order under Section 3 of the MPDA Act cannot be sustained when the detaining authority's satisfaction is based on a speculative possibility of bail without any cogent material.

27 Jun 2006

The petitioner, Prakash Balkrishna Pujari, challenged his preventive detention order passed under Section 3 of the Maharashtra Prevention of Dangerous...

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