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Bombay High Court Quashes MPDA Detention Order Against Sand Smuggler Due to Non-Application of Mind. Preventive detention set aside as detaining authority failed to consider custody and lack of public order impact.

The petitioner, Shubham Balasaheb Kardule, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 528 of the ...

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Bombay High Court Quashes Externment Order Against Social Activist for Lack of Material and Non-Compliance with Section 59 of Bombay Police Act. The court held that a single FIR and vague allegations are insufficient to justify externment under Section 59 of the Bombay Police Act, 1951.

The petitioner, Prashant Mahadeorao Bodakhe, a 28-year-old student and social activist working for tribal rights, challenged an externment order passe...

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Bombay High Court Quashes MPDA Detention Order for Non-Communication of Documents — Violation of Section 8 MPDA Act. Preventive Detention Order Set Aside as Detenu Was Not Supplied Copies of In-Camera Statements and Bail Order, Depriving Him of Right to Make Effective Representation.

The petitioner, Omkar Chandrashekhar Kapare, challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlords...

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Bombay High Court Quashes Externment Orders Under Section 56(b) of Bombay Police Act, 1951 for Non-Compliance with Procedural Safeguards. Orders set aside as show cause notices failed to specify the period of proposed externment and the authority did not consider less drastic alternatives.

The Bombay High Court at Nagpur Bench heard three criminal writ petitions challenging externment orders passed under Section 56(b) of the Bombay Polic...

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Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Act Due to Non-Supply of Incriminating Documents. Detenu's Right to Make Effective Representation Under Article 22(5) Violated as Statements of Co-Accused and Call Data Records Not Furnished.

The petitioner, wife of the detenu Vilas Vithal Ambokar, challenged a preventive detention order dated 10th April 2015 passed by the Principal Secreta...

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Bombay High Court Quashes Chapter Proceedings Under Section 107 CrPC Based on Single FIR Without Independent Material. Mere Registration of Criminal Case Insufficient to Justify Preventive Action Under Section 107 CrPC.

The petitioners, Sandeep Shivaji Mhatre, Tushar Bhimsen Saigaokar, and Nilesh @ Sonu Mahanand Jadhav, filed three separate criminal writ petitions cha...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind — Detenu's Retraction of Statement Not Considered by Detaining Authority

The petitioner, son of the detenu Balwinder Singh, filed a writ petition under Article 226 of the Constitution of India challenging a detention order ...