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Km. Indu Mishra Vs. Union of India and ors.

Court : Allahabad

Subject : Land Acquisition

an Advisory Board in an inquiry under sub-clause (a) of clause (4)." 6. Section 3 (2) of the National Security Act, 1980 authorizes the Central or State Government to pass an order of detention:- "3 (2). The Central Government or … by law or on the order being revoked by the officer himself or by the authority mentioned in Section 11 of the COFEPOSA Act and Section 12 of the PITNDPS Act. There is nothing in the provisions of

Rajendran Vs. the Union of India, Rep by the Secretary, Government of ...

Court : Chennai

Subject : CriminalConstitution

Acts : Constitution of India - Article 22(5); National Security Act, 1980 - Sections 3(2) and 14; COFEPOSA Act, 1974 - Sections 11; General Clauses Act, 1897 - Sections 8, 11 and 21

Reported in : 2000CriLJ2876; 2000(2)CTC469

1999 are dismissed. Criminal - representation - Article 22 of Constitution of India, Sections 3 and 14 of National Security Act, 1980, Section 11 of COFEPOSA Act, 1974 and Sections 8, 11 and 21 of General Clauses Act, 1897 - whether detention

Tej Singh Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Constitution

Acts : National Security Act, 1980 - Sections 3, 3(1), 3(2), 3(3), 3(4), 7, 8, 12, 12(1), 13 and 14; Constitution of India - Articles 22, 22(4), 22(5), 32 and 226; Excise Act; Prevention Detention Act, 1950 - Sections 3(1) and 4; Preventive Detention (Amendment) Act, 1951 - Sections 11(1); Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974; PIT Narcotics Drugs and Psychotropic Substances Act; Arms Act - Sections 3 and 25; Internnal Security Act, 1971; General Clauses Act, 1897; Indian Penal Code (IPC) - Sections 147, 148, 149, 295A, 298, 307, 323, 324, 332, 336, 341, 342, 353, 354, 365, 379, 380, 394, 399, 402, 427, 442, 447, 452 and 457; Code of Criminal Procedure (CrPC) - Sections 313

Reported in : 2001CriLJ4516; 2001(4)WLN500

corpus petition challenging his detentiion ordered by the District Magistrate, Karauli on 28-8-2000 under Section 3(2) of the National Security Act, 1980 (for short 'the Act') with a view to preventing him from acting in any manner prejudicial to the … the detention order and continue the detention of the person concerned for such period as it thinks fit' (Section 11). It is, therefore, plain that it is only after the Advisory Board to which the case has been

Mohammed Sali Vs. State of Kerala and ors.

Court : Kerala

Subject : Criminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1) and 11; National Security Act, 1980 - Sections 3; Constitution of India - Article 22(5)

Reported in : 1996(2)ALT(Cri)80; 1996CriLJ1225

In State of Maharashtra v. Manik, (1994 (2) SCC (Supp) 565), which is a case coming under the National Security Act, 1980, it was held while quashing the order of detention, that 'however, it is always open to the State … India, has failed in its constitutional obligation and thereby violated Article 22(5) of the Constitution of India and Section 11 of the COFEPOSA Act. We are of the view that there is considerable force in this contention.5. Ext.

Bhoor Singh Vs. the Dist. Magistrate and ors.

Court : Rajasthan

Subject : Criminal

Acts : National Security Act, 1980 - Sections 3, 3(3), 3(5), 8, 8(1), 8(2), 9 and 14; Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 11; M.I.S. Act - Sections 14(1); Prevention of Illicit Drugs and Narcotic Drugs and Psychotropic Substances Act - Sections 9 and 10(2); Constitution of India - Articles 21, 22(5), 22(6) and 141

Reported in : 1993CriLJ2217

order dated October 2, 1992 (Annexure 1), passed by the District Magistrate, Barmer, under Section 3(3) of the National Security Act, 1980 (for short 'the Act') by which the learned District Magistrate, Barmer, after being satisfied that the activities of … by the Detaining Authority before the Advisory Board. Even otherwise, the opinion given by the Advisory Board under Section 11 of the Act, is not justiciable. The record does not show that any extraneous material was placed by

Shashidhar Korga Shetty Vs. D.S. Soman, Commissioner of Police, Greate ...

Court : Mumbai

Subject : Criminal

Acts : National Security Act, 1980 - Sections 3(5) and 11

Reported in : 1986(1)BomCR139

forthwith, if not required in any other case. Criminal - bail - Sections 3 (5) and 11 of National Security Act, 1980 - detenu challenged Order of detention - Central Government failed to carry out its duty to read report … instance, may find acceptance with a higher tribunal or supervisory authority. Whether or not the detenu has under section 11 a legal right to make a representation to the Central Government is not the real question. The nub

Mahamani Vs. the Union of India Rep. but Its Secretary Ministry of Hom ...

Court : Chennai

Subject : CriminalConstitution

Acts : Constitution of India, Articles 22(5) and 226; National Security Act, 1890 -- Sections 10; National Security Act, 1980; Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders, Forest Offenders and Slum-Grabbers Act, 1982 -- Sections 3, 8, 9, 10, 11 and 12; Indian Penal Code (IPC), 1860 -- Sections 124-A, 153-A(1), 153-B(1) and 268; Code of Criminal Procedure (CrPC) , 1973 -- Sections 313

Reported in : 2000(1)CTC44

formulate the above point for reference are as follows.3. The detenu namely Guna @ Gunasekaran was detained under National Security Act, 1980 by an order dated 26.2.1999. The petitioner who is the friend of the detenu has filed this writ … Apex Court has been placed in support of the above conclusion.51. It was further argued a reading of Section 11 of both the Acts would make it clear that the Advisory Board shall consider the materials placed before

Kamleshkumar Ishwardas Patel Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3 and 11 and 11(1); General Clauses Act, 1897 - Sections 21; Constitution of India - Articles 21 and 22(4) and (5); Preventive Detention Act, 1950; Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - Sections 3 and 12

Reported in : 1996(53)ECC123; JT1995(3)SC639; 1995(2)SCALE681; (1995)4SCC51; [1995]3SCR279

provisions in COFEPOSA Act and PIT Narcotic Drugs & Psychotropic Substances Act differ from those contained in the National Security Act, 1980 as well as earlier preventive detention laws, namely, the Preventive Detention Act, 1950, the Maintenance of Internal Security … and for reasons to be recorded in writing, not later than fifteen days, from the date of detention.17. Section 11 of the COFEPOSA Act, providing for revocation of detention orders, is in the following terms:Section 11. Revocation of

Jiwan Singh Vs. State of U.P. and Others

Court : Allahabad

Subject : Constitution

Acts : National Security Act, 1980 - Sections 3(2) and (4), 5A, 11(1) and 14 and 14(2); Indian Penal Code (IPC), 1860 - Sections 201, 302 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 161

Reported in : 1998(4)AWC146; 1999CriLJ1889

the orders passed by the District Magistrate. Kaushambi, directing their detention under Section 3. sub-section (2) of the National Security Act, 1980 (for short the 'Act') on the purported satisfaction of the authority that the detention was necessary to prevent … of detention that if he desires to have personal hearing before the Advisory Board under sub-section (1) of Section 11 of the Act then he should mention that fact specifically in the representation or inform the State Government

Th. Ibochou Singh Vs. State of Manipur and anr.

Court : Guwahati

Subject : Criminal

Acts : National Security Act, 1980 - Sections 2, 3(1), 3(2), 3(4), 8, 8(1), 9, 10, 13, 14 and 80

passed by the District Magistrate Imphal West on 23-1-2004 directing the detention of the said detenu under the National Security Act, 1980 and subsequent approval and confirmation of the said order by the State Government (Annexures A/1, A/2 and A/2-1).2. … 16-1-2004 at about 10.30 a.m. by police and an FIR case No. 16(1) 2004 Sing jamei P.S. under Section 10/13 U.A. (P) Act was registered against him. While he was in police custody, he was served with … Magistrate, Imphal West. It was received by the District Magistrate only on 11-2-2004. The detenu was informed, vide letter dated 11-2-2004 (Annexure-A/7), that his representation