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Bombay High Court Quashes 26-Year-Old COFEPOSA Detention Order Due to Inordinate Delay in Execution — Preventive Detention Order Loses Its Rationale When Executed After 26 Years Without Explanation

The petitioners, cousins of the detenu Mohammed Ali Vengadan, filed a Habeas Corpus writ petition under Article 226 of the Constitution of India befor...

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Bombay High Court Allows Petitions for Premature Release of Life Convicts in NDPS Act Cases — Held That Detention Beyond 14 Years Without Consideration of Remission Is Illegal. The court directed the state to consider premature release under the remission policy dated 10.02.2010 and Section 433A CrPC.

The petitioners, Bandu Shivaji More, Prashant Krushandev Jadhav, and Satyawan Mahadev Suryavanshi, were convicted for offences under the Narcotic Drug...

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Bombay High Court Upholds Conviction in NDPS Case for Possession of 92 Grams Heroin — Non-Commercial Quantity Sentenced to Two Years RI. Compliance with Section 50 of NDPS Act and Procedural Safeguards Found Adequate.

The appellant, Samsun Donald Dokubo, was convicted by the Special Judge under the NDPS Act for possession of 92 grams of heroin, a non-commercial quan...

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Bombay High Court Quashes Externment Orders Under Section 56(b) of Bombay Police Act, 1951 for Non-Compliance with Procedural Safeguards. Orders set aside as show cause notices failed to specify the period of proposed externment and the authority did not consider less drastic alternatives.

The Bombay High Court at Nagpur Bench heard three criminal writ petitions challenging externment orders passed under Section 56(b) of the Bombay Polic...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Verification of In-Camera Statements. Failure to Verify Secret Statements Renders Subjective Satisfaction Invalid, Making Detention Order Unsustainable.

The petitioner, brother of the detenu Dipak alias D. Baba Kashinath Kamble, challenged a detention order dated 7 August 2015 issued by the Commissione...

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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.

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

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High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Right to Representation and Mechanical Confirmation. Detenu's Right to Make Representation Under Section 8 of Karnataka Prevention of Dangerous Activities Act, 1985 Was Not Communicated, Rendering Detention Illegal.

The writ petition was filed by Smt. Prathiba Talapati, wife of the detenu Sri. Dawood Nadaf, challenging the preventive detention order dated 03.06.20...

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High Court of Karnataka Acquits Accused in Kidnapping and Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Prosecution Failed to Prove Offences Under Sections 366A and 376 IPC Beyond Reasonable Doubt as Victim's Testimony Was Unreliable and Medical Evidence Did Not Support Allegations.

The appellant, Kadamban, was convicted by the Principal District & Sessions Judge, Tumkur, in S.C. No. 274/2012 for offences under Sections 366A (kidn...