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Bombay High Court Quashes Detention Order in MCOCA Case Due to Non-Application of Mind by Detaining Authority. Failure to Consider Relevant Material and Mechanical Reproduction of Grounds Renders Preventive Detention Invalid.

The petitioner, father of the detenu Ashish @ Sonu Manmurad Pande, filed a writ petition challenging the detention order passed by the Commissioner of...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind. Detention order set aside as the detaining authority failed to consider the petitioner's bail status and relied on stale material.

The petitioner, Asif Shaikh, challenged an order dated 22nd June 2023 passed by the Commissioner of Police, Mumbai, detaining him under Section 3(2) o...

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Bombay High Court Quashes Detention Order in MPDA Act Case — Failure to Distinguish Between Law and Order and Public Order. Detention under Section 3 of MPDA Act set aside as grounds related to bootlegging did not affect public order, only law and order.

The petitioner, Badal s/o Manoj Sahare, challenged the detention order dated 26/04/2023 passed by the District Magistrate, Wardha under Section 3(1) a...

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Bombay High Court Quashes Detention Order Under MPD Act for Non-Application of Mind and Lack of Public Order Disturbance. Detenu's Preventive Detention as Dangerous Person Set Aside as In-Camera Statements Were Not Properly Considered and Bail/Notice Under Section 41-A CrPC Were Ignored.

The petitioner, Atahar Khan Amir Khan, a detenu, challenged the detention order dated 29.08.2022 passed by the Collector and District Magistrate, Akol...

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Bombay High Court Dismisses Petition for Release on Ground of Illegal Detention in Corruption Case — No Violation of Article 22(2) or Section 57 CrPC as Arrest Was at 11:45 PM and Production Within 24 Hours Was Not Possible Due to Distance and Night Hours.

The petitioners, Anil Jaisinghani and Nirmal Rajkumar Jaisinghani, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeki...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Inordinate Delay in Considering Representation. Preventive Detention Order Set Aside as Representation Remained Unattended for Over Three Months, Violating Constitutional Safeguard Under Article 22(5).

The petitioner, Premchand @ Babu Punjabi @ Tatu Manohar Dhakani, was detained under Section 3 of the Maharashtra Prevention of Dangerous Activities of...

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Bombay High Court Allows Habeas Corpus Petition for Illegal Detention Without Production on Remand Date. Failure to Produce Accused Physically or Virtually on 22 March 2022 Renders Remand Order Invalid and Detention Illegal.

The petitioner, Sushil Lohiya, filed a habeas corpus petition on behalf of his son Brijesh Lohiya, who was an accused in an offence registered under S...