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Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind and Reliance on Stale Instances. Detaining Authority Failed to Consider Acquittals in Previous Cases, Rendering Subjective Satisfaction Invalid.

The petitioner, Amol alias Guddu s/o Sevakar Khorgade, challenged a detention order dated 08/11/2022 passed by the Commissioner of Police, Nagpur unde...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive Detention Order Set Aside as Mechanical Reproduction of Police Report Without Independent Satisfaction by District Magistrate.

The petitioner, Anant Manikrao Kachale, an agriculturist from Vaitagwadi, Parbhani, challenged his preventive detention order dated 24-08-2017 passed ...

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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.

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...

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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 Constitution Violated as Statements of Co-Accused Not Furnished.

The petitioner, brother-in-law of the detenu Burhan Fakhruddin Khatumdi, challenged a detention order dated 27.3.2015 passed by the Principal Secretar...

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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.

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

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Non-Application of Mind and Unexplained Delay. Detenu's Exoneration in Adjudication Proceedings Not Considered by Detaining Authority, Rendering Order Invalid Under Section 3(1) of COFEPOSA Act, 1974.

The petitioner, brother of the detenu Bherchand Tikaji Bora, challenged an order of detention dated 27th August 1998 passed under Section 3(1) of the ...