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High Court

High Court of Karnataka Quashes Preventive Detention Order in Habeas Corpus Petition — Failure to Consider Less Restrictive Alternatives Under Karnataka Prevention of Dangerous Activities Act, 1985. Detenu's History of Criminal Cases Does Not Justify Preventive Detention When Bail Was Granted in Most Cases and No Material Shows Inadequacy of Regular Law.

7 Dec 2023

The petitioner, Mohammad Shafiulla, father of the detenu Roshan Jameer @ Jameer @ Jammu, filed a habeas corpus petition under Article 226 of the Const...

High Court

Bombay High Court Quashes MPDA Detention Order Against Accused in Gambling Cases — Acts Constitute Law and Order, Not Public Order. Offences under Section 65(D) of Bombay Prohibition Act, 1949 for gambling do not affect public order, and delay in considering representation vitiates detention under Section 3(1) of Maharashtra Prevention of Dangerous Activities Act, 1981.

6 Oct 2023

The petitioner, Jumma @ Munna Burhan Hiriwale, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Boo...

High Court

Bombay High Court Quashes MPDA Detention Order Against Accused in Gambling Cases — Acts Disruptive of Law and Order, Not Public Order. Offences under Section 65(D) of Bombay Prohibition Act, 1949 and Section 12 of Maharashtra Prevention of Gambling Act, 1887 do not affect public order as they are directed against individuals and do not disturb even tempo of community life.

6 Oct 2023

The petitioner, Jumma @ Munna Burhan Hiriwale, challenged his preventive detention under the Maharashtra Prevention of Dangerous Activities of Slumlor...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction. Preventive Detention Order Based on Single Criminal Case Set Aside as Detaining Authority Failed to Consider Possibility of Bail and Continued Dangerous Activities.

30 Aug 2023

The petitioner, Mohsin Anwar Khan @ Shaikh, challenged a detention order dated 24th February 2023 passed by the Commissioner of Police, Pune, under Se...

Supreme Court

Supreme Court Dismisses Appeals in National Investigation Agency Act Case Upholding State Court Jurisdiction Until NIA Takeover. The Court held that under Section 6(7) of the National Investigation Agency Act, 2008, the State Police may continue investigation until the NIA actually takes over, and state courts retain jurisdiction under the Code of Criminal Procedure, 1973 for scheduled offences until that point.

20 Oct 2021

The appeals arose from a judgment of the Bombay High Court dated 5 July 2018, which dismissed a criminal writ petition challenging the jurisdiction of...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Supply of Bail Order — Failure to Provide Vital Document Violates Article 22(5) of Constitution. The detenu's right to make an effective representation was infringed when the bail order, referred to in the grounds of detention, was not supplied to him, rendering the detention order invalid under Section 3(1) of COFEPOSA Act, 1974.

16 Apr 2012

The petitioner, Mohd. Shakil Khan, uncle of the detenu Nadeem Shaikh, filed a writ petition under Article 226 of the Constitution of India challenging...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay Snapping Live-Link. Preventive Detention Order Set Aside as Delay of 25 Days in Passing Order Not Satisfactorily Explained by Detaining Authority.

23 Jan 2012

The petitioner, Mandar Ajit Borkar, challenged his preventive detention order dated 14th October 2011 passed by the Commissioner of Police, Brihan Mum...

High Court

Bombay High Court Dismisses Pre-Execution Challenge to COFEPOSA Detention Order for Lack of Grounds Under Alka Subhash Gadia Criteria. Petitioner's Argument That Detention Was for Wrong Purpose Rejected as Activities Constituted Smuggling, Not Mere Abetment.

31 Jan 2011

The petitioner, Suresh Kumar U. Jain @ Sanjay Srinath Rana, filed a Criminal Writ Petition under Article 226 of the Constitution of India challenging ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Detenu Already in Judicial Custody Without Bail Application. Preventive detention held unjustified when there was no imminent possibility of release on bail, as the detenu had not applied for bail and was in judicial custody.

21 Jul 2010

The petitioner, father of the detenu Pritesh Dinesh Doshi, challenged the detention order dated 11/8/2009 passed under Section 3(2) of the Maharashtra...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Anonymous Complaint and Stale Incidents Insufficient to Sustain Preventive Detention. The court held that reliance on an unverified anonymous complaint and two criminal cases where the detenu was on bail did not justify preventive detention under Section 3(1) of the MPDA Act.

25 Feb 2005

The petitioner, Rupesh Ram Thakur, challenged a detention order dated 25-2-2004 passed under Section 3(1) of the Maharashtra Prevention of Dangerous A...

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