Search Results for "invalid detention order"

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Search Results for "invalid detention order"

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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 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 Detention Order Under MPDA Act Due to Violation of Section 3(2) Proviso — Initial Detention Cannot Exceed Six Months. The court held that the proviso to Section 3(2) of the MPDA Act mandates an initial detention period of only six months, and a 12-month initial order is illegal.

3 Apr 2023

The petitioner, Himanshu Roy, challenged a detention order passed by the Commissioner of Police, Nagpur, on 30 July 2022, confirmed by the State of Ma...

Supreme Court

Supreme Court Quashes Detention Order Under National Security Act 1980 Due to Procedural Lapses in Considering Representation. The detention was found illegal as the authorities delayed considering the representation and failed to communicate the decision, violating Article 22(5) of the Constitution and procedural safeguards under the National Security Act 1980.

29 Oct 2021

The Supreme Court of India heard a criminal appeal challenging a detention order under the National Security Act 1980. The appellant, a hospital direc...

Supreme Court

Supreme Court Allows Appeal Against SAFEMA Forfeiture Based on Invalid Detention Order — Detention Order Under COFEPOSA Quashed as Representation Not Considered Before Revocation, Forfeiture Set Aside

8 Apr 2019

The case involves a challenge to the forfeiture of properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976...

High Court

High Court of Karnataka Quashes Detention Order in Karnataka Prevention of Dangerous Activities Act Case — Failure to Consider Less Restrictive Measures. Detenu's brother successfully challenged preventive detention as the detaining authority did not consider the possibility of resorting to less drastic remedies under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985.

26 Sep 2018

The petitioner, Suresh B. Shetty, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India challenging the preventive de...

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 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 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.

18 Mar 2005

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...

Supreme Court

Supreme Court Upholds Preventive Detention Order Beyond Three Months Under Preventive Detention Act, 1950. Interpretation of 'Such Detention' in Article 22(4)(a) of the Constitution Confirmed to Refer to Preventive Detention, Not Period of Detention.

24 May 1957

The case involved a constitutional challenge to an order of preventive detention under the Preventive Detention Act, 1950, as amended. The appellant, ...

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