December 22, 2024 10:18 pm

Preventive Detention

COFEPOSA: Detention Order Can Be Passed Even If A Person Is In Judicial Custody

Bysclaw

Nov 22, 2019

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By sclaw

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Preventive Detention

Telangana Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 – Section 3(2) – Power to make orders detaining certain persons – The court examined the definitions of “public order” and “Goonda” under the Act, emphasizing the need for activities to adversely affect the community at large to be considered prejudicial to public order – The court upheld the preventive detention order, concluding that the appellant’s activities did indeed affect public order and that the detention was necessary to prevent further harm to society.

Mar 25, 2024 sclaw

Preventive Detention

(COFEPOSA) – Section 3 – Detention order – Right of detenue to make representation – – No error in the procedure adopted by the respondents as due compliance was made to translate all documents in Bengali apart from persuading the detenue to receive them – In addition, the panchnama was signed by the independent witnesses – Detenue also read the grounds of detention and the relevant documents – Therefore, he was well aware of his right to make a representation – Order of detention is upheld – Appeal dismissed

Jan 14, 2024 sclaw

Preventive Detention

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) – Sections 3, 9 and 12A – Detention order – Applicability of Section 9 and Section 12A of COFEPOSA – Order of detention had not been revoked on the report of the Advisory Board or before the receipt of the report of Advisory Board or before making a reference to the Advisory Board –

Nov 12, 2023 sclaw

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