Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
Gurnam Singh @ Gama – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
MANISHA BATRA, J.
1. The instant petition has been filed by the petitioner under Article 226 of the Constitution of India seeking issuance of a writ in the nature of Certiorari for quashing the order dated 14.07.2025 (Annexure P-8), passed by respondent No. 1-Secretary to Govt. of Haryana, Home Department, whereby the petitioner was ordered to be detained, and also for quashing of order dated 15.09.2025 (Annexure P-9), whereby the detention of the petitioner was confirmed for six months by the said respondent.
2. Brief facts relevant for the purpose of disposal of this petition are that the petitioner was involved in five cases, registered against him. All of these cases had been registered against him under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) involving non-commercial quantities of the contrabands. He had been granted concession of regular bail in all of those cases. Respondent No. 4-Superintendent of Police, Dabwali wrote a letter on 21.03.2025 to respondent No. 3-Director General of Police, Haryana State Narcotics Control Bureau requesting him to detain the petitioner on the ground that he was still involved in
Preventive detention must be based on current threats and not solely on past conduct; reliance on stale incidents undermines legality.
Preventive detention requires strict justification and cannot be enacted merely on apprehension of future crimes, especially when bail has previously been granted.
Preventive detention must rely upon proximate, live material; unexplained administrative delay, non-supply of foundational documents, and the use of detention as a punitive substitute for regular bai....
Preventive detention requires a live link between alleged activities and the detention order; unreasonable delays can invalidate such orders.
Preventive detention orders must consider the detenu's current custody and likelihood of bail; failure to do so invalidates the detention.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
