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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Consideration of Vital Documents. Failure to Consider Representations and Bail Order Renders Subjective Satisfaction Invalid.

The petitioner, Mohan Bhojania, challenged a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smugg...

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Supreme Court Allows Appeals in SAFEMA Forfeiture Case — Notice to Convict Not Mandatory When Property Held by Relatives. The Court held that proceedings against relatives under Section 6 of SAFEMA are independent and do not require prior notice to the convict.

The Supreme Court of India heard appeals against a Madras High Court judgment that had set aside forfeiture orders under the Smugglers and Foreign Exc...

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Bombay High Court Quashes COFEPOSA Detention Orders for Non-Application of Mind. Detaining Authority Failed to Consider Relevant Material and Relied on Irrelevant Grounds, Rendering Subjective Satisfaction Invalid.

The Bombay High Court delivered a common judgment in two writ petitions filed under Article 226 of the Constitution of India seeking writs of habeas c...

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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) of the Constitution Violated as Statements of Co-Accused Not Supplied.

The petitioner, wife of the detenu Kirti Vanabhai Patel, filed a habeas corpus petition under Article 226 of the Constitution challenging the detentio...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Placement of Bail Order Before Detaining Authority. The court held that the bail order was a vital document and its non-consideration vitiated the subjective satisfaction under Section 3(1) of COFEPOSA Act, 1974.

The petitioner, brother of the detinue, filed a writ of habeas corpus under Article 226 of the Constitution challenging the detention order dated 17th...

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Bombay High Court Allows Petition Challenging Detention Under COFEPOSA Due to Non-Communication of Co-detenu's Revocation to Advisory Board. Failure to Forward Revocation Order and Representation to Advisory Board Before Considering Detenu's Case Vitiated Detention Order.

The petitioner, Ramesh Singh, a friend of the detenu, challenged the detention order dated 3rd October 2003 issued under Section 3(1) of the Conservat...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Supply of Vital Documents — Failure to Furnish In-Camera Statements and Documents Violates Article 22(5) of Constitution and Section 8 of MPDA Act.

The petitioner, Hanuman Rajaram Mhatre, was detained under an order dated 6th September 2017 passed by the Commissioner of Police, Thane, under Sectio...