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Search Results for "continued detention illegal"

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Supreme Court

Supreme Court Upholds Preventive Detention Orders Under COFEPOSA for Gold Smuggling — High Court's Quashing Set Aside for Non-Application of Mind Regarding Bail Likelihood. The Court held that the detaining authority must record satisfaction of imminent bail possibility, but service of documents within statutory period is valid.

18 Jul 2019

The Supreme Court of India heard appeals against the Bombay High Court's judgment dated 25.06.2019 quashing preventive detention orders passed under S...

High Court

Bombay High Court at Goa Dismisses Detenu's Writ Petition Challenging Preventive Detention Under COFEPOSA — Upholds Detention Order Based on Smuggling of Foreign Currency and Gold. The court held that the detaining authority's subjective satisfaction was valid and the procedural safeguards under Article 22(5) were complied with.

22 Jun 2016

The petitioner, Imtiyaz Hussain, was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1...

High Court

Bombay High Court Quashes Detention Order Under National Security Act for Non-Service of Order and Denial of Representation Rights. The court held that failure to serve the detention order and inform the detenu of his right to make a representation violates Section 3(2) of the National Security Act, 1980 and Article 22(5) of the Constitution.

7 Oct 2013

The petitioner, Jalil Shaikh, through his brother Abdul Hamed Shaikh, filed a criminal writ petition before the Bombay High Court at Goa challenging a...

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 Preventive Detention Order Under MPDA Act Due to Non-Service on Detenue in Judicial Custody and Reliance on Irrelevant Material. The court held that failure to serve detention order on detenue while in judicial custody and reliance on a criminal case in which detenue was not involved renders the order illegal.

1 Oct 2025

The petitioner, Dikshant @ Dadu Devidas Sapkale, challenged a preventive detention order dated 18.07.2024 passed by the District Magistrate, Jalgaon u...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Non-Service on Detenue in Judicial Custody and Reliance on Irrelevant Material. The court held that failure to serve detention order promptly and reliance on a case where detenue was not involved vitiates the subjective satisfaction under the MPDA Act.

1 Oct 2025

The petitioner, Dikshant @ Dadu Devidas Sapkale, challenged a preventive detention order dated 18.07.2024 passed by the District Magistrate, Jalgaon u...

High Court

Bombay High Court Dismisses Challenge to Forfeiture of Property Under SAFEMA Despite Revocation of Detention Order. Property of Detenu Forfeited Under Sections 7 and 19(1) of SAFEMA Upheld as Detention Order Was Valid When Forfeiture Order Was Passed.

11 Mar 2005

The petitioner, Smt. Padma Nirmal Agarwal, challenged the forfeiture of a flat (Flat No.16, 471/C, Manu Mahal, King's Circle, Mumbai) under the Smuggl...

High Court

Bombay High Court Quashes Detention Order in MPDA Case for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Order Set Aside as Grounds Were Stale and Irrelevant, Violating Article 22(5) of the Constitution of India.

29 Jan 2018

The petitioner, brother-in-law of the detenu Ganesh Narayan Mane, challenged the detention order dated 08.09.2017 passed by the Commissioner of Police...

Supreme Court

Supreme Court Quashes Preventive Detention Order in Telangana Offenders Act Case — Lack of Proximate Link Between Past Crimes and Public Order Disturbance. Single Pending Murder Case Insufficient to Justify 'Goonda' Detention When Bail Already Granted and No Charge-Sheet Filed.

18 Dec 2019

The Supreme Court allowed the appeal and quashed the preventive detention order against Khaja Bilal Ahmed, who was detained under the Telangana Preven...

High Court

High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Grounds in Language Known to Detenue — Violation of Article 22(5) of Constitution of India and Section 8 of Karnataka Prevention of Dangerous Activities Act, 1985. The court held that the detaining authority must ensure the detenue understands the grounds of detention to make an effective representation; failure to do so renders the detention illegal.

31 Aug 2023

The petitioner, Smt. Shrenika, wife of the detenue Sri. Huchappa @ Dhanaraj Kalebag, filed a writ petition under Articles 226 and 227 of the Constitut...

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