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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, ROMESH VERMA
Pawan Kumar – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
Petitioner, through his wife, has approached this Court invoking jurisdiction of this High Court under Article 226 of the Constitution of India against impugned detention order dated 5th May, 2025 (Annexure P-2) passed by Additional Chief Secretary (Home) to the Government of Himachal Pradesh, exercising the powers conferred by Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988 ( for short ‘PIT NDPS Act, 1988’), directing to detain the petitioner in Lala Lajpat Rai District Jail Kangra at Dharamshala for three months as per the Act, which was upheld by H.P. State Advisory Board (PIT NDPS Act 1988) at Shimla (for short ‘Board’) on 11.8.2025 (Annexure P-6), extending the period of detention for further three months, praying for following reliefs:-
“i) That a writ in the nature of certiorari may kindly be issued to quash order dated 05th May, 2025 passed by respondent No. 1 and upheld by respondent No. 4-Board on 11.08.2025 when the period of detention has been extended for three months more;
ii). That a writ in the nature of mandamus may kindly be issued directing respondents No. 1 to 3 to pay a sum
Preventive detention requires cogent evidence and compliance with due process, including proper communication of grounds in a comprehensible language for the detenu.
Detention orders must communicate grounds in an understandable language and demonstrate legal compliance, particularly regarding the detenu's probable release on bail and overall threat assessment.
Preventive detention requires strict compliance with statutory safeguards and justifications for delay, ensuring protection against arbitrary deprivation of liberty.
Detention orders under the PITNDPS Act can be upheld when communicated timely and justified despite delays in arrest, emphasizing the subjective satisfaction of authorities against habitual offenders....
The main legal point established in the judgment is the requirement for compelling reasons to justify preventive detention under the PITNDPS Act, 1988, and the importance of complying with procedural....
Preventive detention requires a live link between alleged activities and the detention order; unreasonable delays can invalidate such orders.
Detention orders must be based on complete and relevant information; reliance on prior acquittals invalidates the basis for detention.
Preventive detention under the PITNDPS Act is justified if the detaining authority reasonably believes the individual poses a threat to public safety, even if they are already in judicial custody.
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