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High Court Quashes Preventive Detention Order Under MPDA Act for Gambling Offences Due to Lack of Public Order Threat. Detention Based Solely on Gambling Crimes Under Maharashtra Gambling Act Fails as Isolated Incidents Do Not Disturb Community Tempo Under Section 3(2) of MPDA Act, 1981.

The dispute involved a challenge to a preventive detention order under the Maharashtra Prevention of Dangerous Activities Act, 1981. The petitioner, a...

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Bombay High Court Declares Preventive Detention Under Section 151 CrPC Illegal for Lack of Subjective Satisfaction and Non-Compliance with Procedural Safeguards. Petitioners' Detention by Police Officers Violated Article 21 as Magistrate Did Not Record Satisfaction of Likely Breach of Peace.

The petitioners, Kishor Laxmanrao Futane and Dr. Indraprasad Kishor Futane, filed a criminal writ petition before the Bombay High Court at Nagpur, all...

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Karnataka High Court Allows Habeas Corpus Petition Quashing Preventive Detention Order for Non-Application of Mind and Violation of Article 22(5). The court held that failure to communicate grounds of detention in a language understood by the detenu renders the detention illegal.

The petitioner, Yashoda, wife of the detenu Keshava Poojary @ Choni, filed a writ petition for habeas corpus under Article 226 of the Constitution of ...

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Karnataka High Court Allows Habeas Corpus Petition Challenging Preventive Detention Order for Non-Communication of Grounds in Known Language. Detenu's Right to Make Representation Under Article 22(5) Violated as Grounds Were Not Communicated in Tulu, a Language Known to Detenu.

The petitioner, Yashoda, wife of Keshava Poojary @ Choni, filed a writ of habeas corpus under Article 226 of the Constitution of India challenging the...

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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 Quashes Preventive Detention Order Under COFEPOSA Act for Non-Application of Mind and Mechanical Exercise of Power. Detenu's Right to Make Representation Under Article 22(5) of Constitution Was Frustrated by Delayed Consideration and Failure to Supply Relevant Documents.

The petitioner, a friend of the detenu Mavin Keezhil Mohamed Aslam, filed a writ of habeas corpus under Article 226 of the Constitution challenging th...

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Bombay High Court Dismisses Revenue's Writ Petition in Customs Smuggling Case — CEGAT Order Upheld for Lack of Evidence. Confiscation of Foreign Currency Set Aside as Revenue Failed to Prove Smuggling or Fraudulent Procurement of Currency Declaration Form Under Customs Act, 1962.

The Union of India, through the Commissioner of Customs (Preventive), Mumbai, filed a writ petition under Articles 226 and 227 of the Constitution of ...

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Bombay High Court Quashes Externment Order for Non-Application of Mind and Lack of Material — Petitioner Externed Under Section 57(a)(i) of Bombay Police Act, 1951 Without Proper Consideration of In-Camera Statements and Old Convictions.

The petitioner, Mohammed Alam Ibrahim Shaikh @ Aalu, challenged an externment order passed by the Deputy Commissioner of Police, Thane, under Section ...