Search Results for "externment order vitiated"

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Search Results for "externment order vitiated"

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High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Material to Support Apprehension of Bail. Detenu in Judicial Custody Without Bail Application; Detaining Authority's Satisfaction of Imminent Release Held Unsubstantiated.

14 Mar 2018

The petitioner, Sagar Sunil Gaikwad, challenged an order of detention dated 27 September 2017 passed by the Commissioner of Police, Pune, under Sectio...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order.

16 Feb 2012

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Sect...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind and Unexplained Delay. Preventive detention order set aside as detaining authority passed order within two days of receiving 287-page material, indicating lack of proper application of mind, and there was unexplained delay of 10 months from the first offence.

27 Feb 2020

The petitioner, Salauddin Imamuddin Ansari, father of the detenu Javed @ Sajan Salauddin Ansari, filed a criminal writ petition before the Bombay High...

High Court

Bombay High Court Quashes Preventive Detention Order for Detenu Already in Jail — Subjective Satisfaction Vitiated. Detention under Maharashtra Prevention of Dangerous Activities Act, 1981 set aside as detaining authority failed to consider necessity of preventive detention when detenu was already in custody.

7 Aug 2012

The petitioner, Pramod Ashok Pujari, was a detenu under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders a...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. Detention order set aside as detaining authority failed to consider that the petitioner was already in custody and no credible material showed likelihood of release on bail.

10 Jul 2023

The petitioner, Mukesh Prakash Bhalerao, challenged an order of preventive detention dated 23rd January 2023 passed by the District Magistrate, Jalgao...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu Already in Custody at Time of Order. The court held that the detaining authority must consider the likelihood of release on bail when the detenu is in custody; failure to do so renders the detention order invalid.

16 Apr 2016

The petitioner, Shahrukh Yunus Khan, challenged a preventive detention order passed by the Commissioner of Police, Pune City, on 23 December 2015 unde...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Material to Show Public Order Threat. The court held that mere criminal antecedents without evidence of public disturbance do not justify preventive detention under Section 3(1) of the MPDA Act.

20 Jun 2018

The petitioner, Nikki @ Kawa s/o Suresh Khare, challenged an order of detention passed by the Commissioner of Police, Nagpur City on 29 January 2018 u...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Mechanical Confirmation by State Government. The court held that the detaining authority failed to consider the possibility of bail and the State Government mechanically confirmed the detention, rendering the orders unsustainable.

4 Dec 2017

The petitioner, Mohammed Mustafa, challenged the preventive detention order passed by the Commissioner of Police, Aurangabad under Section 3(1) of the...

High Court

Bombay High Court Quashes MPDA Detention Order for Lack of Public Order Impact — Mere Law and Order Issues Insufficient for Preventive Detention Under Section 3(1) of MPDA Act. The court held that the detaining authority's subjective satisfaction must be based on material showing a threat to public order, not merely law and order, and that eight past criminal cases and a chapter case did not establish such a threat.

19 Sep 2025

The petitioner, Prashik @ Parshya Dilip Odhane, challenged a detention order dated 01.07.2025 passed by the District Magistrate, Nanded, under Section...

High Court

Bombay High Court Quashes MPDA Detention Order for Dangerous Person Due to Non-Application of Mind and Lack of Material to Show Prejudice to Public Order. The court held that the detaining authority failed to properly consider the material and the alleged activities did not affect public order.

27 Jan 2026

The petitioner, Chandrashekhar @ Chandya s/o Devrao Paikrao, challenged a detention order dated 01.07.2025 passed by the District Magistrate, Nanded u...

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