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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Sanesh Alias Sanera Alias Shailash – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 04.11.2025 whereby she was detained under Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short ‘1988 Act’) and order dated 20.01.2026 whereby her detention was confirmed by Additional Chief Secretary to Government of Haryana.
2. The petitioner is a resident of District Faridabad. She was arrested in ten FIRs registered under Narcotic Drugs and Psychotropic Substances, Act, 1985 (for short ‘NDPS Act’). Detail of FIRs is as below:
3. The Deputy Commissioner of Police on 16.08.2025 proposed detention of petitioner under 1988 Act. The proposal was approved on 04.11.2025. The petitioner was detained on 07.11.2025 and is in custody since then. During the pendency of instant petition, matter was referred to Advisory Board comprising three members. The Advisory Board vide its report dated 19.12.2025 confirmed her detention. The Board formed an opinion that sufficient cause is made out for preventive detention of Sanesh alias Sanera alias Shailesh. On the basis of report of Board, State
Preventive detention must be based on current threats and not solely on past conduct; reliance on stale incidents undermines legality.
Preventive detention is justified when there is a reasonable probability of future criminal activity, and the grounds for such detention must be clear and free from ambiguity.
Preventive detention requires cogent evidence of a detainee's likelihood of bail and potential for prejudicial activities; failure to consider these factors invalidates the detention order.
Preventive detention quashed for lack of subjective satisfaction: 8-year gap between cases, acquittal in one, incidental recovery during warrant execution fail to establish live proximate link to pub....
The main legal point established is the purpose and scope of preventive detention as a measure to protect society from individuals engaged in anti-social activities, emphasizing the limited scope of ....
Preventive detention requires clear evidence of imminent bail release and potential future offenses; insufficient reasoning invalidates detention orders.
Preventive detention requires strict justification and cannot be enacted merely on apprehension of future crimes, especially when bail has previously been granted.
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