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Bombay High Court Quashes COFEPOSA Detention Order Due to Illegible Documents Violating Article 22(5). Supplying illegible documents amounts to non-communication of grounds, depriving detenu of effective representation.

The petitioner, Sanjay Soni, challenged a detention order dated 25th January 2012 passed under Section 3(1) of the Conservation of Foreign Exchange an...

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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 by Failure to Furnish Statements of Co-Accused and Retraction Letters.

The petitioner, Deepak Bapu Keluskar, challenged a detention order dated 29th September 2014 passed by the detaining authority under Section 3(1) of t...

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High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Right to Representation and Mechanical Confirmation. Detenu's Right to Make Representation Under Section 8 of Karnataka Prevention of Dangerous Activities Act, 1985 Was Not Communicated, Rendering Detention Illegal.

The writ petition was filed by Smt. Prathiba Talapati, wife of the detenu Sri. Dawood Nadaf, challenging the preventive detention order dated 03.06.20...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. The court held that the detaining authority failed to consider the detenu's custody and the delay in passing the order vitiated the subjective satisfaction.

The petitioner, Samad Salim Khan, challenged an order of preventive detention passed by the Commissioner of Police, Mumbai, under Section 3(2) of the ...

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Bombay High Court Quashes Preventive Detention Orders in Red Sanders Smuggling Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(1) of COFEPOSA set aside as detaining authority did not consider whether bail conditions or other measures would suffice.

The Bombay High Court allowed two habeas corpus petitions challenging preventive detention orders dated 21 February 2013 issued under Section 3(1) of ...