Preventive detention valid despite irregularity in not specifying detention places by general/special order under Section 5 PIT NDPS Act, where material shows repeated illicit trafficking; period from actual detention date; procedural directions issued.

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 of Rs. Fifty Lakhs only (Rs.50,00,000/- only) to the petitioner for his illegal detention w.e.f. 06.08.2025 to 11.08.2025 on which date the order of detention dated 05.05.2025 passed by respondent No. 1 which was valid till 05.08.2025 has been upheld and further respondent No. 4-Board has ordered for extension of period of detention of the petitioner for three months;
iii) That a writ in the nature of mandamus may kindly be issued directing the respondents to place on record the proposal submitted by respondent No. 3 regarding issuance of preventive detention of the petitioner and quash the same.”

2. Petitioner had preferred Civil Writ Petition No. 10120 of 2025 on 23.6.2025 against his detention order dated 5.5.2025, however, the said Writ Petition was disposed with liberty reserved to the petitioner to lay challenge to order dated 11.8.2025 passed by the Board as well as order dated 5.5.2025, because during pendency of the said Writ Petition, the Board, vide order dated 11.8.2025, had upheld the detention order dated 5.5.2025 and had further opined that detention should be extended by further three months.

3. In sequel to opinion rendered by the Board, Additional Chief Secretary (Home) to the Government of Himachal Pradesh issued order dated 5.9.2025 directing detention of the petitioner for another three months from the date of earlier three months detention of detenu.

4. Admittedly, petitioner is facing trial in six cases, due to recovery of contraband from him, for commission of offense punishable under Sections 20, 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1988. Details of cases is as under:-

“i. In FIR No. 27/19 dated 22.02.19 at PS Kangra, District Kangra, H.P. u/s 20 & 21 of NDPS Act around 14.17 grams of Charas and 2.55 gram of Heroin/chitta were recovered from him;
ii. In FIR No. 09/20 dated 08.01.20 of PS Kangra, District Kangra HP. u/s 21 of NDPS Act, around 11.22 Gram of Heroin/chitta was recovered from him.
iii. FIR No. 189/20 dated 02.10.2020 at PS Kangra, District Kangra HP, u/s 21, 29 of NDPS Act, around 06.10 Gram of Heroin/chitta was recovered from him.
iv. FIR No. 19/23