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Search Results for "customs detention"

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Supreme Court

Supreme Court Dismisses Petitions Challenging Preventive Detention Orders Under COFEPOSA Act Due to Procedural Compliance and Established Live-Link. Detention Orders Upheld as Detaining Authority Recorded Subjective Satisfaction Based on Materials Showing Involvement in Smuggling Syndicate and Future Propensity to Commit Offences Under Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

16 Apr 2026

The Supreme Court heard two connected special leave petitions challenging preventive detention orders issued under the Conservation of Foreign Exchang...

Supreme Court

Supreme Court Upholds Detention Under COFEPOSA Act for Gold Smuggling Syndicate Kingpin — Non-Application of Mind and Live Link Contentions Rejected. The Court held that the detenu's involvement in smuggling, abetting, transporting, concealing, and dealing in smuggled gold brought all clauses (i) to (iv) of Section 3(1) of COFEPOSA Act into play, and the reference to an NDPS case did not vitiate the detention order.

6 Mar 2025

The appeal arose from a challenge to a preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Ac...

High Court

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.

5 May 2017

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...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail Application and Acquittal in Main Case Not Considered. Failure to Consider Pending Bail Application and Subsequent Acquittal in Substantive Offence Vitiated Subjective Satisfaction Under Section 3(1) of MPDA Act.

18 Nov 2016

The petitioner, brother of the detenu Sanaullah Abdul Khan, challenged a preventive detention order dated 23.12.2015 passed by the Commissioner of Pol...

High Court

Bombay High Court Quashes COFEPOSA Detention Order Due to Unexplained Delay. Preventive detention under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 set aside as live nexus between smuggling activity and detention order snapped by 10-month delay.

27 Jan 2016

The petitioner, Farida Imram Chamundi, wife of the detenu, challenged a preventive detention order passed under the Conservation of Foreign Exchange a...

High Court

Bombay High Court Dismisses Pre-Detention Challenge to COFEPOSA Order Filed by Wife of Proposed Detenu. Court holds that a pre-detention petition is not maintainable as the detention order had not been served and the detenu was not in custody.

24 Aug 2012

The petitioner, Smt. Shanta Prakash Shewale, wife of Prakash Pandurang Shewale, filed a writ petition in the Bombay High Court challenging a detention...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Communication of Grounds. Detenu's Right to Make Effective Representation Violated as Documents Relied Upon Were Not Supplied.

15 Jul 2011

The petitioner, Shabbirbhai Bookwala, father of the detenu Mustafa Sabbirbhai Bookwala, filed a habeas corpus petition under Article 226 of the Consti...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) Violated as Statements of Co-Accused Not Furnished.

13 Jun 2005

The petitioner, brother-in-law of the detenu Abdulla Gulam Mustafa, challenged a detention order dated 27.11.2003 issued by the Principal Secretary (A...

High Court

Bombay High Court Dismisses Petition for Detention Certificate and Setting Aside of Auction in Customs Detention Case — Auction Upheld as Goods Were Not Cleared Despite Court Orders and Had Already Been Auctioned by Warehousing Corporation.

28 Apr 2005

The petitioners, M/s Santogen Silk Mills Ltd. and its shareholder, imported 41 second-hand Sulzer looms in March 1994. Prior to import, the customs de...

High Court

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.

11 Jan 2005

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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