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Madras High Court Allows Habeas Corpus Petition and Quashes Preventive Detention Order for Drug Offender Due to Lack of Proximity Between Adverse and Ground Cases. Non-Commercial Quantity of Kanja Recovered Insufficient to Invoke Preventive Detention Under Tamil Nadu Act 14/1982.

The petitioner, N.Mahalakshmi, wife of the detenu Prakash, filed a Habeas Corpus Petition under Article 226 of the Constitution of India before the Ma...

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Madras High Court Allows Habeas Corpus Petition in Drug Offender Case Due to Inordinate Delay in Passing Detention Order. Unexplained Delay of 32 Days Between Arrest and Detention Order Snaps Live and Proximate Link Under Section 2(e) of Tamil Nadu Act 14 of 1982.

The petitioner, Sakthivel, father of the detenu Sathiyaseelan, filed a habeas corpus petition under Article 226 of the Constitution of India before th...

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High Court of Karnataka Enhances Sentence in Drugs and Cosmetics Act Case — State's Revision Petition Allowed. Trial Court's Fine of Rs.10,000 Increased to Rs.50,000 for Offence Under Section 27(d) of Drugs and Cosmetics Act, 1940.

The State of Karnataka, through the Drug Inspector, Hassan Circle, filed a Criminal Revision Petition under Section 397 read with 401 of the Code of C...

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Bombay High Court Quashes Detention Order in MPDA Act Case for Non-Application of Mind — Failure to Consider Grant of Bail and Inadequate Material to Establish 'Habitual' Bootlegger

The petitioner, Kashinath Motiram Chavan, challenged a detention order dated 23 March 2021 passed by the Commissioner of Police, Solapur, under Sectio...

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Bombay High Court Quashes Externment Order Against Social Activist for Lack of Material and Non-Compliance with Section 59 of Bombay Police Act. The court held that a single FIR and vague allegations are insufficient to justify externment under Section 59 of the Bombay Police Act, 1951.

The petitioner, Prashant Mahadeorao Bodakhe, a 28-year-old student and social activist working for tribal rights, challenged an externment order passe...

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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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 Allows Prisoners' Challenge to Deduction of Wages for Victims Compensation Fund Under NDPS Act. Discriminatory treatment of similarly situated prisoners violates Article 14 of Constitution.

The judgment concerns three criminal writ petitions filed by prisoners convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS ...

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Bombay High Court Quashes Detention Order Under MPID Act for Non-Supply of Vital Bail Documents. Failure to furnish bail application and order to detenu violated Article 22(5) of Constitution and Section 8(b) of Maharashtra Prevention of Dangerous Activities Act, 1981.

The petitioner, Hemchand Somnath Gupta, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offender...