Search Results for "COFEPOSA"

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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 for Non-Consideration of Settlement Application. Preventive detention order set aside as detaining authority failed to consider detenu's pending settlement application under Customs Act and Central Excise Act before passing order.

The petitioner, brother-in-law of the detenu Charles Patrick, challenged the detention order dated 5.5.2006 passed under Section 3(1) of the Conservat...

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Bombay High Court Quashes Detention Order for Denial of Legal Representation Before Advisory Board — Failure to Consider Detenu's Request for Legal Practitioner Violates Article 22(1) of Constitution and Section 8(e) of COFEPOSA Act, 1974.

The petitioner, brother of the detenu, challenged the detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activitie...

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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...

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Bombay High Court Quashes Preventive Detention Order Under COFEPOSA for Non-Placement of Vital Documents. Failure to Place Retraction Statements and Bail Orders Before Detaining Authority Renders Detention Invalid Under Section 3(1) of COFEPOSA Act, 1974.

The petitioner, son of the detenu Ramesh B. Doshi, challenged an order of preventive detention passed under Section 3(1) of the Conservation of Foreig...

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Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Due to Non-Application of Mind and Non-Supply of Relevant Material. Detenu's Dismissal from CISF for Alleged Smuggling Involvement Not Considered, Rendering Detention Order Invalid.

The petitioner, Ram Avatar Meena, father-in-law of the detenu Muralilal Meena, challenged a preventive detention order dated 22 August 2013 passed by ...

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

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

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Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind — Detenu's Retracted Statement Not Considered. Preventive Detention Order Under Section 3(1) of COFEPOSA Set Aside as Detaining Authority Failed to Consider Retraction of Confession.

The petitioner, wife of the detenu Iqbal Yusuf Suleman, challenged the detention order dated 20.4.2004 passed by the detaining authority under Section...

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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.

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...