Search Results for "preventive provision"

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Search Results for "preventive provision"

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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...

Supreme Court

Supreme Court Upholds Detention Under COFEPOSA Act for Gold Smuggling Syndicate Kingpin — Non-Application of Mind and Live Link Contentions Rejected. The Court held that the detenu's involvement in smuggling, abetting, transporting, concealing, and dealing in smuggled gold brought all clauses (i) to (iv) of Section 3(1) of COFEPOSA Act into play, and the reference to an NDPS case did not vitiate the detention order.

6 Mar 2025

The appeal arose from a challenge to a preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Ac...

Supreme Court

Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

13 Dec 2024

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

High Court

High Court of Karnataka Quashes Preventive Detention Under Goonda Act for Non-Application of Mind and Lack of Material. Detention order set aside as the detaining authority failed to consider the detenu's bail applications and did not provide relevant documents to the detenu, violating procedural safeguards under Article 22(5) of the Constitution.

16 Oct 2024

The petitioner, Smt. Sangeeta Sunkrol, wife of the detenu Satish @ Market Satya, filed a writ petition for habeas corpus challenging the detention ord...

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 in MPDA Case Due to Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Link Between Bootlegging and Public Order. The court held that the detaining authority must consider the detenu's bail status and establish a clear nexus between the alleged activities and public order, which was absent in this case.

12 Jul 2018

The petitioner, Anil Preetam Kumbhar, challenged a detention order passed by the Commissioner of Police, Pune on 6 April 2018 under the Maharashtra Pr...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Violation of Detenu's Right to Lead Oral Evidence Before Advisory Board. Failure to Inform Detenu of Right to Produce Witnesses Renders Detention Invalid.

4 Jan 2018

The petitioner, wife of the detenu Vishal Salunke, challenged the detention order dated 9th August 2017 passed under Section 3 of the Maharashtra Prev...

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Retraction of Statement and Bail Conditions Ignored, Violating Article 22(5) of the Constitution.

3 Jul 2015

The petitioner, son of the detenu Bittu Choith Harchandani, challenged a detention order dated 16.4.2015 passed by the second respondent under Section...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind to Witness Statements. The court held that the detaining authority failed to properly consider in-camera statements, violating the detenu's right to make an effective representation under Article 22(5) of the Constitution.

14 Mar 2013

The petitioner, Ravi Hanumant Thorat, brother-in-law of the detenu Sahadeo @ Sada Laxman Dhavare, challenged the validity of a preventive detention or...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order.

16 Feb 2012

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Sect...

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