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Search Results for "continued detention illegal"

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High Court

Bombay High Court Quashes FIR in Criminal Case Due to Lack of Evidence and Abuse of Process — Quality of a Nation's Civilization Measured by Methods Used in Enforcement of Criminal Law.

3 Dec 2025

The petitioner, Chandrashekhar Bhimsen Naik, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Material to Show Public Order Threat. Criminal Cases and In-Camera Statements Do Not Establish Disturbance to Public Order as Distinct from Law and Order Under Section 3(1) of Maharashtra Prevention of Dangerous Activities Act, 1981.

1 Jan 2024

The petitioner challenged an order of preventive detention dated 03/04/2024 issued by the Detaining Authority under Section 3(1) of the Maharashtra Pr...

Supreme Court

Supreme Court Quashes Extension Orders and Grants Default Bail to Accused in Gujarat Control of Terrorism and Organised Crime Act Case Due to Procedural Violation. The Court held that production of accused before the Special Court when considering Public Prosecutor's report for extension of investigation period under Section 20(2) of the 2015 Act is mandatory, and non-compliance renders extension orders illegal, entitling accused to default bail under Section 167(2) of Code of Criminal Procedure, 1973.

23 Sep 2022

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions filed by accused persons charged under the Gujarat Control of T...

High Court

Bombay High Court Allows Default Bail Under Section 167(2) CrPC for Failure to Pass Specific Remand Extension Order. Mandatory Production of Accused and Specific Order Required for Valid Extension of Police Custody Remand.

21 Feb 2018

The petitioner, Parshuram s/o Bajirao Dongre, was arrested on 23.7.2017 in connection with Crime No. 85/2017 registered at Aheri Police Station, Gadch...

High Court

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 the Constitution Violated as Statements of Co-Accused Not Supplied.

8 Apr 2015

The petitioner, wife of the detenu Kirti Vanabhai Patel, filed a habeas corpus petition under Article 226 of the Constitution challenging the detentio...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Inordinate Delay in Considering Representation — Right to Make Effective Representation Violated Under Article 22(5) of Constitution. The court held that the failure to consider the detenu's representation expeditiously renders the continued detention illegal, emphasizing the constitutional safeguard under Article 22(5) of the Constitution of India.

30 Jul 2014

The petitioner, Ashish Robert Felix, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, ...

High Court

Bombay High Court Quashes Detention Order Under Prevention of Black Marketing Act Due to Unexplained Delay in Considering Representation and Non-Placement of Chemical Analyser Report. Preventive Detention Order Set Aside as Vital Document Not Placed Before Detaining Authority and Representation Not Considered Promptly Under Section 3(1) read with Section 3(2)(b) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.

28 Jan 2013

The petitioner, Ismail Nasruddin Shaikh, challenged an order dated 14th October 2012 passed by the Commissioner of Police, Solapur, directing his dete...

High Court

Bombay High Court Quashes Preventive Detention Order for Non-Supply of Translated Documents in Known Language. Failure to Provide Marathi Translation of English Injury Certificate Violates Detenu's Right to Effective Representation Under Article 22(5) of Constitution.

6 Sep 2012

The petitioner, Yogesh Nandu Pujari, challenged a preventive detention order dated 25 January 2012 passed by the Commissioner of Police, Thane, under ...

High Court

Bombay High Court Declares Continued Detention Illegal Due to Unexplained Delay in Considering Representation Under COFEPOSA Act. Central Government's failure to consider detenu's representation within reasonable time violates Article 22(5) of the Constitution and renders continued detention illegal under Section 3(1) of COFEPOSA Act, 1974.

31 Aug 2012

The petitioner, brother of the detenu Saiyed Jamaluddin Naeemuddin, filed a writ of habeas corpus under Article 226 of the Constitution challenging a ...

High Court

Bombay High Court Allows Habeas Corpus Petition Challenging Preventive Detention Under COFEPOSA — Detention Order Quashed for Non-Consideration of Representation. The court held that failure to consider the detenu's representation before expiry of detention period violates Article 22(5) of the Constitution.

22 Aug 2005

The petitioner, Dina Shah, wife of the detenu Vipul Vinod Shah, filed a writ of habeas corpus under Article 226 of the Constitution of India before th...

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