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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Stale Grounds. Single FIR and Bail Not Sufficient to Treat Detenu as Dangerous Person Affecting Public Order.

The petitioner, Vishal Aananda Mahabal, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootlegger...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Material to Show Public Order Threat — Single Crime and In-Camera Statements Insufficient to Sustain Detention as 'Dangerous Person'.

The petitioner, Vicky Satyawan Chavan @ Barkya, challenged a preventive detention order dated 08/07/2019 passed by the Commissioner of Police, Mumbai,...

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Bombay High Court Quashes Detention Order in MPDA Act Case for Non-Application of Mind. Preventive Detention Invalid as Detaining Authority Failed to Consider Detenu's Bail Status in Pending Criminal Cases.

The petitioner, Kiran Dhanraj Kharat, challenged a detention order dated 13 December 2017 issued by the Commissioner of Police, Pune, under the Mahara...

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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 Quashes Detention Order Under COFEPOSA Act for Non-Consideration of Settlement Application. Preventive detention order set aside as detaining authority failed to consider detenu's pending settlement application under Customs Act and Central Excise Act before passing order.

The petitioner, brother-in-law of the detenu Charles Patrick, challenged the detention order dated 5.5.2006 passed under Section 3(1) of the Conservat...

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Bombay High Court Quashes Preventive Detention Orders for Lack of Proximity Between Alleged Acts and Public Order. Detention under Maharashtra Prevention of Dangerous Activities Act, 1981 fails as alleged criminal acts do not affect public order but merely law and order.

The case involves three criminal writ petitions filed by Sayyed Muddasir Hussain and Sayyed Izaj Hussain challenging their preventive detention orders...

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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.

The petitioner, wife of the detenu Iqbal Yusuf Suleman, challenged the detention order dated 20.4.2004 passed by the detaining authority under Section...