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Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind and Reliance on Stale Instances. Detaining Authority Failed to Consider Acquittals in Previous Cases, Rendering Subjective Satisfaction Invalid.

The petitioner, Amol alias Guddu s/o Sevakar Khorgade, challenged a detention order dated 08/11/2022 passed by the Commissioner of Police, Nagpur unde...

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Bombay High Court Quashes Detention Order in MPDA Act Case for Non-Application of Mind — Failure to Consider Grant of Bail and Inadequate Material to Establish 'Habitual' Bootlegger

The petitioner, Kashinath Motiram Chavan, challenged a detention order dated 23 March 2021 passed by the Commissioner of Police, Solapur, under Sectio...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Material to Show Public Order Threat. Theft of sand and IPC offences held to be law and order issues, not public order.

The petitioner, Narayan Radhakishan Bhusari, challenged his preventive detention under Section 3 of the Maharashtra Prevention of Dangerous Activities...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay in Execution. The Court Held That a 19-Day Gap Between Passing and Service of Detention Order Without Explanation Violates the Detenu's Right to Make a Representation Under Article 22(5) of the Constitution.

The petitioner, Vishnu @ Bablu Vasant Gawali, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Of...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act Due to Non-Application of Mind and Non-Supply of Relevant Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated.

The petitioner, brother of the detenu, challenged the detention order dated 2nd April 2009 passed by respondent no.2 under Section 3(1) of the Conserv...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind. The court held that the detaining authority failed to consider the detenu's bail status and passed the order mechanically, violating the requirement of subjective satisfaction.

The petitioner, Shri Madhukar Mahadeo Manve, challenged the detention order dated 19th August 2004 passed under the Maharashtra Prevention of Dangerou...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay Snapping Live Link. Preventive Detention Order Under Section 3(1) of COFEPOSA Act, 1974 Set Aside as Delay Between Last Smuggling Activity and Order Was Unexplained.

The petitioner, a friend of the detenu Joshy Mathew, challenged the detention order dated 3rd May 2004 issued under Section 3(1) of the Conservation o...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Documents. Detenu's Statement Under Section 108 of Customs Act Not Considered, Violating Article 22(5) of Constitution.

The petitioner, son of the detenu Vashdev Gobindram Adnani, challenged the detention order dated 3-11-2004 passed by the Principal Secretary to the Go...