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Search Results for "imminent release"

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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 — Detenu in Custody Without Imminent Release Possibility. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Detenu's Judicial Custody and Imminent Bail Possibility Under Section 3(2) of MPDA Act.

6 Jul 2018

The petitioner, Ankush Vaman Pawar, a resident of Pune, was detained at Yerawada Central Prison pursuant to an order dated 12 March 2018 passed by the...

Supreme Court

Supreme Court Upholds Detention Orders Under COFEPOSA Act Despite Detenu in Custody — Subjective Satisfaction of Imminent Release Sufficient. The Court held that the Detaining Authority's awareness of custody and recording of likelihood of release and propensity to indulge in prejudicial activities is sufficient to pass a valid detention order.

22 Nov 2019

The case involves appeals by the Union of India and the detenu against the Delhi High Court's judgment quashing detention orders under the COFEPOSA Ac...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Detenu Granted Bail in One Case and Remanded in Another, Yet Detaining Authority Failed to Consider Likelihood of Release and Continued Dangerous Activity.

12 Jul 2016

The petitioner, Mohammed Asif @ Mental Abdul Sattar Shaikh @ Mohd. Asif @ Mental Abdul Sattar Khan, challenged a preventive detention order dated 15.1...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Detenu Already in Judicial Custody — Failure to Consider Less Drastic Remedy Renders Detention Invalid. The court held that a preventive detention order cannot be sustained when the detenu is already in custody and the detaining authority fails to consider the possibility of resorting to less drastic remedies such as cancellation of bail.

4 Apr 2016

The petitioner, Sagar Prakash Bhosale, challenged a preventive detention order dated 1 June 2015 passed by the Commissioner of Police, Solapur, under ...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Failure to Consider Detenu's Judicial Custody and Lack of Bail Possibility. Preventive Detention Order Invalidated as Subjective Satisfaction Vitiated Due to Non-Application of Mind to Custody Status Under Section 3(2) of MPDA Act.

21 Feb 2005

The petitioner, Shahid Hussain Iqbal Shaikh @ Kanya Babu, challenged an order of detention dated 6-9-2004 passed by the Commissioner of Police, Brihan...

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 Quashes Detention Order Under MPDA Act for Non-Application of Mind — Petitioner in Judicial Custody at Time of Order. Court held that detaining authority failed to demonstrate compelling reasons or imminent possibility of bail, rendering detention order illegal.

24 Jul 2014

The petitioner, Fazal Sikandar Patel, challenged a detention order dated 26.08.2013 passed by the Commissioner of Police, Aurangabad under Section 3(1...

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 Detention Order Under MPDA Act for Detenu Already in Custody — Preventive Detention Based on Mere Possibility of Bail Is Invalid. The court held that a detention order under Section 3 of the MPDA Act cannot be sustained when the detaining authority's satisfaction is based on a speculative possibility of bail without any cogent material.

27 Jun 2006

The petitioner, Prakash Balkrishna Pujari, challenged his preventive detention order passed under Section 3 of the Maharashtra Prevention of Dangerous...

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