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Supreme Court Quashes Fresh Detention Order Under Preventive Detention Act as Violative of Section 13(2) — Fresh Facts Must Arise After Expiry. Additional Ground of Maintaining Links While in Custody Did Not Constitute Fresh Facts After Expiry of Previous Detention Order.

The case involved a habeas corpus petition under Article 32 of the Constitution challenging the detention of Kshetra Gogoi under the Preventive Detent...

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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.

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

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay in Execution. The Court Held That a 19-Day Gap Between Passing and Service of Detention Order Without Explanation Violates the Detenu's Right to Make a Representation Under Article 22(5) of the Constitution.

The petitioner, Vishnu @ Bablu Vasant Gawali, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Of...

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Bombay High Court Hears Criminal Writ Petition Challenging Preventive Detention Under COFEPOSA; Grounds Include 12-Year Execution Delay and Non-Supply of Material Translations.

In 1992, the petitioner Musthafa Ahamed Dossa was named as the head of a smuggling gang in statements recorded under Section 108 of the Customs Act, 1...

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Bombay High Court Examines Bail Application of Accused in NDPS Case on Grounds of Illegal Detention. Question Whether Production on Transfer Warrant Satisfies Requirement of Production Within 24 Hours Under Article 22(2) and Section 57 CrPC Raised.

The matter arose from a bail application filed by the accused in an NDPS case. The accused was charged under Section 29 of the Narcotic Drugs and Psyc...

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Bombay High Court Allows Set-off of Pre-conviction Detention Under Section 428 Cr.P.C. in Rape Conviction Case. Court Directs Jail Authorities to Recalculate Sentence by Setting Off Period of Incarceration Prior to Conviction Against Substantive Sentence of Imprisonment.

The petitioner, Tenzin @ Elin Dorje, was convicted by the Additional Sessions Judge, Panaji, in Sessions Case No. 23/2016 for offences under Sections ...

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Bombay High Court Dismisses Writ Petition Challenging Detention Under MPDA Act — Preventive Detention Upheld as Legally Valid. Court holds that subjective satisfaction of detaining authority based on credible material is sufficient and not vitiated by delay in disposal of representation.

The case involves a criminal writ petition filed by 23 petitioners challenging their detention under the Maharashtra Prevention of Dangerous Activitie...