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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

Board. (Emphasis supplied).12. All these cases related to orders of detention made by the District Magistrate under the Preventive Detention Act, 1950 which specifically provided [in Section 7(1)] that the authority making the order of detention shall afford to the … 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 Act, 1971 in some respects. Under subsection (3) of Section 3 of the

Pralhad Krishna Kurane Vs. the State of Bombay

Court : Mumbai

Subject : Criminal

Acts : Preventive Detention Act, 1950 - Sections 3, 4, 7, 7(1) and 11; Preventive Detention (Amendment) Act, 1951 - Sections 1(3), 2, 3(3), 6, 9, 9(1), 9(2), 10(1), 12 and 12(1); Constitution of India - Articles 20, 20(1) and 226; Bombay Public Security Measures Act, 1947 - Sections 2, 2(1), 2(4), and 21; Bengal Criminal Law (Amendment) Act, 1930; West Bengal Security Ordinance, 1949; West Bengal Security Ordinance, 1940; West Bengal Security Ordinance, 1942; Code of Criminal Procedure (CrPC) , 1898 - Sections 491

Reported in : AIR1952Bom1; (1951)53BOMLR717; ILR1952Bom134

and detained in the House of Correction at Byculla under the authority of the order. On 26-2-1950 the Preventive Detention Act, 1950, came into force, and there was consequently passed against, the applicant an order under that Act detaining him … place. The place had to be determined, however, by an order passed under the provisions of Section 4, Preventive Detention Act, 1950, as it stood before the amending Act came into operation and after the amending Aot under tbe provisions

In Re: A.K. Gopalan

Court : Chennai

Subject : Criminal

Acts : Prevention Detention Act, 1950 - Sections 3, 3A and 12; Code of Criminal Procedure (CrPC) , 1898 - Sections 491; Constitution of India - Articles 53, 154, 162 and 226

Reported in : AIR1953Mad41; (1952)2MLJ690

his detention, his main contention being that the order passed by the Government under Section 12(2) of the Preventive Detention Act, 1950, continuing his detention under the said Act did not specify the period of his detention. After the arguments … and after full consultation with their legal advisers the Government issued a fresh order of detention under the Preventive Detention Act, 1950, on 22nd February 1951.'4. After we reserved judgment in this case, in view of certain events which happened

Kuruvilla Abraham Vs. the State of Kerala and anr.

Court : Kerala

Subject : Criminal

Reported in : 1975CriLJ1372

AIR 1970 SC 1664 : (1970 Cr LJ 1404) both of which were cases that arose under the Preventive Detention Act. 1950, Section 13 (2) whereof was identically worded as Section 14 (2) of the present Act. The first of … Cri LJ 274) earlier referred to which was a case that arose after Section 13 (2) of the Preventive Detention Act, 1950 was amended by Act 61 of 1952. With reference to Section 13 (2) as amended and repelling a

Pushkar Mukherjee and 29 ors. Vs. the State of West Bengal

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India Articles 22 and 32; Preventive Detention Act, 1950 - Sections 3(1), (2) and 11(1); Indian Penal Code (IPC), 1860 - Sections 302 and 398; Detention Order

Reported in : AIR1970SC852; 1970CriLJ852; (1969)1SCC10; [1969]2SCR635

Article 32 of the Constitution directing their release from detention under orders passed under Section 3(2) of the Preventive Detention Act, 1950 (Act IV of 1950), hereinafter called the 'Act'. 2. Cause has been shown by Mr. Debabrata Mukherjee and … is necessary so to do; I, therefore, in exercise of the powers conferred by Section 3(2) of the Preventive Detention Act, 1950 (Act IV of 1950), I make this order directing that the said Shri Kanta Bose @ Subhas Chandra

D.M. Revanasiddaiah Vs. State of Mysore

Court : Karnataka

Subject : CriminalConstitution

Acts : Constitution of India - Articles 22(5) and 226; Preventive Detention Act, 1950 - Sections 3, 3(1), 3(2) and 7; Code of Criminal Procedure (CrPC) , 1898 - Sections 491

Reported in : AIR1952Kant85; AIR1952Mys85

following order: --Now therefore, in exercise of the powers conferred by Sub-section (1) of Section 3 of the Preventive Detention Act, 1950 (IV (4) of 1950) I.K. Seshagiri Rao, District Magistrate, Chitaldrug hereby direct that the said D. M. Revanasiddiah … D.M. Murigiah of Chital-drug residing at Davangere have been detained under Subjection (2) of Section 3 of the Preventive Detention Act, 1950 and in pursuance of the provisions of Section 7 of the said Act, you are informed of the

Sunil S/O Sadashiv Ghate Vs. the State of Maharashtra and Others

Court : Mumbai

Subject : Criminal

Acts : Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders and Dangerous Persons Act, 1981 - Sections 3(2,3), 8, 9, 10 12, 13 and 14; Constitution of India - Article 22(5); Bombay General Clauses Act, 1904 - Sections 21; National Security Act, 1980 - Sections 8(1) and 14; COFEPOSA Act - Sections 3 and 11; PIT NDPS Act - Sections 3 and 12; Prevention Detention Act, 1950; Maintenance of Internal Security Act, 1971; General Clauses Act, 1897

Reported in : 2000(5)BomCR827; 2000BomCR(Cri)827; 2000CriLJ3709; 2000(4)MhLj386

Act with those of the National Security Act, 1980 as well as earlier preventive detention laws, namely, the Preventive Detention Act, 1950 and the Maintenance of Internal Security Act, 1971, observed in paras 18 to 22 as under:---' 18. Section … from those contained in the National Security Act, 1980 as well as earlier preventive detention laws, namely, the Preventive Detention Act, 1950 and the Maintenance of Internal Security Act, 1971 in some respects. Under sub-section (3) of section 3 of

Hubbalal and ors. Vs. State of Madhya Bharat

Court : Madhya Pradesh

Subject : Criminal

Reported in : 1955CriLJ476

District Magistrate of Morena for action prejudicial to the maintenance of public order Under Section 3(1) (a) (ii), Preventive Detention Act, 1950. With the exception of the petitioner Udaybhan Singh, all other applicants were arrested on 27-11-53, and the grounds … in the grounds of detention do not touch any of the matters covered by Section 3(1) (a) (ii), Preventive Detention Act, 1950; (iv) that the acts referred to in the grounds constitute offences under the Penal Code and could not,

Harikisan Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Reported in : (1962)64BOMLR522

necessary to detain him.Now, therefore, in exercise of the powers conferred on me by Section 3(1)(a)(ii) of the Preventive Detention Act, 1950, I, Dinkarrao Hanjatrao Deshmukh, I.A.S., District Magistrate, Nagpur, hereby direct that the said Shri Harikisan Kishorilal Agarwal be … of 1961Office of the District Magistrate, Nagpur, Dt. 10th April, 1961.Order of Detention under Section 3(1)(a)(ii) of the Preventive Detention Act, 1950.Whereas I am satisfied that it is necessary to prevent Shri Harikisan Kishorilal Agarwal of Nagpur from acting in

Shyamal Chakraborty Vs. the Commissioner of Police, Calcutta and anr.

Court : Supreme Court of India

Subject : Constitution

Acts : Preventive Detention Act, 1950 - Sections 7; Constitution of India - Article 32; Indian Penal Code

Reported in : AIR1970SC269; (1969)2SCC426; [1970]1SCR762

is a petition under Article 32 of the Constitution by Shyamal Chakraborty who has been detained under the Preventive Detention Act, 1950 (hereinafter referred to as the Act). Three grounds have been urged by the learned Counsel why we should … are being detained in pursuance of a detention order made under Sub-section (2) of Section 3 of the Preventive Detention Act, 1950 (Act IV of 1950) on the following grounds :You have been acting in a manner prejudicial to the