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Bombay High Court Quashes Customs Detention Order in Smart Plug Import Dispute — No Import Licence Required Under WPC Rules. Court holds that smart plugs without Wi-Fi or Bluetooth capability do not require import licence under the Indian Telegraph Act, 1885 or WPC Rules, and directs release of goods.

The petitioner, SYSKA LED Lights Pvt. Ltd., a company engaged in import and manufacture of light products, imported smart plugs vide Bill of Entry No....

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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 Dismisses Successive Habeas Corpus Petitions Challenging COFEPOSA Detention Orders on Grounds of Constructive Res Judicata. Fresh Grounds Must Be Raised in Earlier Petitions or Are Barred.

The judgment concerns two criminal writ petitions filed under Article 226 of the Constitution of India challenging orders of detention passed under Se...

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Bombay High Court Quashes COFEPOSA Detention Order Due to Illegible Documents Violating Article 22(5). Supplying illegible documents amounts to non-communication of grounds, depriving detenu of effective representation.

The petitioner, Sanjay Soni, challenged a detention order dated 25th January 2012 passed under Section 3(1) of the Conservation of Foreign Exchange an...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind — Detenu's Representation Not Considered Before Confirmation. Failure to Consider Representation Before Confirmation Under Section 8(f) of COFEPOSA Renders Detention Invalid.

The petitioner, brother of the detenu, challenged the detention order dated 2.4.2004 passed under section 3(1) of the Conservation of Foreign Exchange...

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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 Detention Order Under COFEPOSA Act for Non-Consideration of Representation and Non-Application of Mind. Detenu's representation dated 7-9-2004 was not considered by the detaining authority, and the detention order disclosed total non-application of mind.

The petitioner, Sanpreet Kaur Tejpal Singh, wife of the detenu Tejpal Mann Singh, challenged the detention order dated 6-2-2004 passed by respondent N...