Preventive Detention

Supreme Court quashes detention order due to non-consideration of bail conditions in smuggling case: Joyi Kitty Joseph vs. Union of India (2025) INSC 327 (March 06, 2025)

/ COFEPOSA Act, 1974, COFEPOSA Act, 1974 with Section 3(1), Customs Act, 1962, Customs Act, 1962 with Section 108, Judges, K. Vinod Chandran, Preventive Detention, Sudhanshu Dhulia

Introduction Date of the Judgment: March 06, 2025 Citation: (2025) INSC 327 Judges: Justice Sudhanshu Dhulia, Justice K. Vinod Chandran Can preventive detention be justified if the detaining authority fails to consider the conditions imposed by a Magistrate while granting bail for the same alleged offences? The Supreme Court of India addressed this critical question […]

Supreme Court quashes detention order due to non-consideration of bail conditions in smuggling case: Joyi Kitty Joseph vs. Union of India (2025) INSC 327 (March 06, 2025) Read Post »

Supreme Court quashes detention order under MPDA Act for bootlegging: Arjun vs. State of Maharashtra (2024) INSC 968 (11 December 2024)

/ Criminal Law, Law and Order, Maharashtra Prevention of Dangerous Activities Act, 1981, Maharashtra Prevention of Dangerous Activities Act, 1981 with Section 3(2), Preventive Detention, Public Order

Supreme Court quashes detention order under MPDA Act for bootlegging: Arjun vs. State of Maharashtra (2024) INSC 968 (11 December 2024) Date of the Judgment: 11 December 2024 Citation: 2024 INSC 968 Judges: B.R. Gavai, J., K. V. Viswanathan, J. Can a person be detained under the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA

Supreme Court quashes detention order under MPDA Act for bootlegging: Arjun vs. State of Maharashtra (2024) INSC 968 (11 December 2024) Read Post »

Supreme Court Reduces Bond Forfeiture Amount in Security for Peace Case: Istkar vs. State of Uttar Pradesh (2022) INSC 1005 (11 November 2022)

/ Bond Forfeiture, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 107, Code of Criminal Procedure, 1973 with Section 446, Criminal Law, Dinesh Maheshwari, Judges, Preventive Detention, Sudhanshu Dhulia

Supreme Court Reduces Bond Forfeiture Amount in Security for Peace Case LEGAL ISSUE: Whether the forfeiture of a bond for keeping the peace under Section 107 of the Code of Criminal Procedure, 1973 (CrPC) can be for an excessive amount, and whether the court has the power to reduce the penalty. CASE TYPE: Criminal Case

Supreme Court Reduces Bond Forfeiture Amount in Security for Peace Case: Istkar vs. State of Uttar Pradesh (2022) INSC 1005 (11 November 2022) Read Post »

Supreme Court quashes detention order for illegible documents in preventive detention case: State of Manipur vs. Buyamayum Abdul Hanan (2022)

/ Ajay Rastogi, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 22(5), Criminal Law, Detention Order, Fundamental Rights, Judges, Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Preventive Detention

Supreme Court quashes detention order for illegible documents in preventive detention case LEGAL ISSUE: Whether the supply of illegible documents to a detenu violates their fundamental right to make an effective representation under Article 22(5) of the Constitution of India. CASE TYPE: Criminal (Preventive Detention) Case Name: The State of Manipur & Ors. vs. Buyamayum

Supreme Court quashes detention order for illegible documents in preventive detention case: State of Manipur vs. Buyamayum Abdul Hanan (2022) Read Post »

Supreme Court quashes detention order under PIT NDPS Act due to delay and suppression of facts: Sushanta Kumar Banik vs. State of Tripura (2022) INSC 771 (30 September 2022)

/ J.B. Pardiwala, Judges, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 37, Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 with Section 3(1), Preventive Detention, S. Ravindra Bhat, Uday Umesh Lalit

Supreme Court quashes detention order under PIT NDPS Act due to delay and suppression of facts: Sushanta Kumar Banik vs. State of Tripura (2022) INSC 771 (30 September 2022) LEGAL ISSUE: Whether a detention order under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT NDPS Act) can be quashed

Supreme Court quashes detention order under PIT NDPS Act due to delay and suppression of facts: Sushanta Kumar Banik vs. State of Tripura (2022) INSC 771 (30 September 2022) Read Post »

Supreme Court quashes detention order under National Security Act: Devesh Chourasia vs. District Magistrate (24 January 2022)

/ Criminal Appeals, Criminal Law, Dhananjaya Y Chandrachud, Dinesh Maheshwari, Judges, National Security Act, 1980, National Security Act, 1980 with Section 3, National Security Act, 1980 with Section 8(1), Preventive Detention

Supreme Court quashes detention order under National Security Act: Devesh Chourasia vs. District Magistrate (2022) LEGAL ISSUE: Whether a detention order under the National Security Act, 1980 can be quashed due to delays in considering and communicating the rejection of the detenu’s representation. CASE TYPE: Criminal (Preventive Detention) Case Name: Devesh Chourasia vs. The District

Supreme Court quashes detention order under National Security Act: Devesh Chourasia vs. District Magistrate (24 January 2022) Read Post »

Supreme Court Quashes Detention Order Under National Security Act Due to Procedural Lapses: Devesh Chourasia vs. District Magistrate, Jabalpur (24 January 2022)

/ Criminal Law, Dhananjaya Y Chandrachud, Dinesh Maheshwari, Judges, National Security Act, 1980, National Security Act, 1980 with Section 3, National Security Act, 1980 with Section 8(1), Preventive Detention

Supreme Court Quashes Detention Order Under National Security Act Due to Procedural Lapses: Devesh Chourasia vs. District Magistrate, Jabalpur (2022) LEGAL ISSUE: Whether procedural lapses in considering and communicating the rejection of a detenu’s representation under the National Security Act, 1980, vitiate the detention order. CASE TYPE: Criminal Law – Preventive Detention Case Name: Devesh

Supreme Court Quashes Detention Order Under National Security Act Due to Procedural Lapses: Devesh Chourasia vs. District Magistrate, Jabalpur (24 January 2022) Read Post »

Supreme Court Quashes Detention Order Due to Stale Grounds and Procedural Lapses: Khaja Bilal Ahmed vs. State of Telangana (2019)

/ Code of Criminal Procedure 1973, Code of Criminal Procedure 1973 with Section 167(2), Constitutional Law, Constitutional Law with Article 136, Dhananjaya Y Chandrachud, Hrishikesh Roy, Judges, Preventive Detention, Telangana Prevention of Dangerous Activities Act, 1986, Telangana Prevention of Dangerous Activities Act, 1986 with Section 12, Telangana Prevention of Dangerous Activities Act, 1986 with Section 3

Supreme Court Quashes Detention Order Due to Stale Grounds and Procedural Lapses: Khaja Bilal Ahmed vs. State of Telangana (2019) LEGAL ISSUE: Whether a detention order based on stale criminal cases and without proper confirmation is valid under the Telangana Prevention of Dangerous Activities Act, 1986. CASE TYPE: Criminal (Preventive Detention) Case Name: Khaja Bilal

Supreme Court Quashes Detention Order Due to Stale Grounds and Procedural Lapses: Khaja Bilal Ahmed vs. State of Telangana (2019) Read Post »

Supreme Court Upholds Detention Orders in Smuggling Case: Union of India vs. Ankit Ashok Jalan (2019)

/ COFEPOSA Act, 1974, COFEPOSA Act, 1974 with Section 13, COFEPOSA Act, 1974 with Section 5-A, Constitutional Law, Constitutional Law with Article 22(5), Customs Act, 1962, Customs Act, 1962 with Section 104, Customs Act, 1962 with Section 108, Fundamental Rights, Indira Banerjee, Judges, M.R. Shah, Preventive Detention, Uday Umesh Lalit

Supreme Court Upholds Detention Orders in Smuggling Case: Union of India vs. Ankit Ashok Jalan (2019) LEGAL ISSUE: Whether a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) is valid when the detenu is already in judicial custody. CASE TYPE: Criminal (Preventive Detention) Case Name: Union of

Supreme Court Upholds Detention Orders in Smuggling Case: Union of India vs. Ankit Ashok Jalan (2019) Read Post »

Supreme Court Clarifies Service of Documents in COFEPOSA Detentions: Union of India vs. Dimple Happy Dhakad (2019)

/ A.S. Bopanna, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with Section 3, Constitutional Law, Constitutional Law with Article 22(5), Fundamental Rights, Judges, Preventive Detention, R. Banumathi

Supreme Court Clarifies Service of Documents in COFEPOSA Detentions: Union of India vs. Dimple Happy Dhakad (2019) LEGAL ISSUE: Whether the relied upon documents must be served simultaneously with the detention order and grounds of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). CASE TYPE: Preventive Detention Law

Supreme Court Clarifies Service of Documents in COFEPOSA Detentions: Union of India vs. Dimple Happy Dhakad (2019) Read Post »

Supreme Court quashes detention order for not specifying detention period: Lahu Shrirang Gatkal vs. State of Maharashtra (2017)

/ Detention Order, Detention Period, Individual Liberties, Judges, Maharashtra Prevention of Dangerous Activities Act, 1981, Maharashtra Prevention of Dangerous Activities Act, 1981 with Section 3, N.V. Ramana, Prafulla C. Pant, Preventive Detention

LEGAL ISSUE: Whether a detention order under the Maharashtra Prevention of Dangerous Activities Act, 1981, must specify the period of detention. CASE TYPE: Preventive Detention Law Case Name: Lahu Shrirang Gatkal vs. State of Maharashtra Judgment Date: July 17, 2017 Introduction Can a preventive detention order be valid if it does not specify the period

Supreme Court quashes detention order for not specifying detention period: Lahu Shrirang Gatkal vs. State of Maharashtra (2017) Read Post »

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