IN THE HIGH COURT OF DELHI AT NEW DELHI
VALIDAD KHAN @MULLAH – Appellant
Versus
UNION OF INDIA & ORS. – Respondent
W.P.(CRL)-2541/2025
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 16.02.2026 Pronounced on: 12.03.2026 + W.P.(CRL) 2541/2025 VALIDAD KHAN @ MULLAH .....Petitioner Through: Ms.Sia Das and Ms.Ria Das, Advocates Versus UNION OF INDIA & ORS. .....Respondents Through: Ms.Rupali Bandhopadhya, CGSC with Mr.Amit Peswani, Mr.Abhijeet Kumar and Ms.Amisha Gupta, Advs. for UOI Mr.Amol Sinha, ASC (Crl.) with Mr.Kshitiz Garg, Mr.Ashvini Kumar, Ms.Chavi Lazarus, Mr.Manan Wadhwa and Mr.Anshul Sharma, Advs. for State with SI Ankit, ANTF/Crime Branch CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA
J U D G M E N T
NAVIN CHAWLA, J.
1. This petition has been filed under Article 226 of the Constitution of India, challenging the Detention Order dated 20.03.2025, bearing File No. U-11011/01/2025-PITNDPS, passed by the respondent no. 2 under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as the, „PITNDPS Act‟), whereby the detention of the petitioner has been directed and he has been ordered to be kept in custody at the Central Prison, Puzhal, Chennai, on the ground that such detention is necessary with a view to preventing him from engaging in illicit trafficking of narcotic drugs and psychotropic substances in future.
2. In the grounds on which the Detention Order has been issued, it has been alleged that the petitioner is involved in three (03) criminal cases, that is, F.I.R. No. 43/2024 dated 25.02.2024 registered at P.S. Crime Branch, Delhi under Sections 21/27A/29/31/32 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act”), in which he is presently in judicial custody; F.I.R. No. 223/2019 dated 08.12.2019 registered at P.S. Special Cell, Delhi under Sections 21/29/61/85 of the NDPS Act, in which the trial against the petitioner is pending and he has been released on bail vide Order dated 01.12.2023; and F.I.R. No. 13/2013 dated 17.03.2013 registered at P.S. Special Cell, Delhi under Sections 21/29/61/85 of the NDPS Act, in which he has been convicted and sentenced to undergo 12 years of rigorous imprisonment along with a fine of Rs. 1,00,000/-. However, upon an appeal filed by the petitioner challenging the said conviction and sentence, the sentence has been suspended vide Order dated 20.03.2019.
3. The grounds of detention further make the following allegations against the petitioner:
“1.4 Other involvements:
a) The criminal tendencies of the accused, Validad Khan i.e. you, appear to be deeply ingrained in your family as well, revealing a dangerous environment of criminal activity. Your wife, Anjum Begum, also known as Chunia, was arrested in connection with FIR No. 252/22 under the NDPS Act by the PS Crime Branch, Delhi. Additionally, your elder son, Gulzar, has been involved in two separate NDPS cases: FIR No. 680/21 under sections 21/25/29 of the NDPS Act, and FIR No. 252/22 under the same sections, both registered at the PS Crime Branch, Delhi. Your second son, Shahbaz, was arrested for murder in FIR No. 476/22 under Section 302 IPC, PS Meerganj, Bareilly. Notably, the murder victim in this case was a source in an ongoing NDPS investigation.
b) In total, 21,935 grams of heroin and other drugs have been seized across these various cases involving Validad Khan i.e. you, highlighting your significant involvement in the illicit drug trade. This substantial quantity of drugs underscores the depth of your criminal network, which likely extends beyond those already apprehended, with many individuals still evading law enforcement.”
4. Based on the above factual narration, the subjective satisfaction of the Detaining Authority is recorded as under:
“2. After going through the facts and circumstances in all above-mentioned cases, it is clearly established that you i.e. Validad Khan @ Balidad @ Mullah S/O Sultan Khan, are actively involved in trafficking of Narcotics Drugs and Psychotropic Substances and you are a h
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