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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S. Sandhawalia, CJ, Ranjan Sharma, J
Nawang Sonam – Appellant
Versus
State of Himachal Pradesh and Others – Respondent
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| 1. the foundation of preventive detention is the need for immediate action against illicit drug trafficking. (Para 1 , 2 , 3) |
| 2. violation of article 22(5) undermines the legitimacy of custody. (Para 4 , 5 , 6) |
| 3. the detainee's rights to representation were inadequately communicated. (Para 8 , 9 , 10) |
| 4. the detention order was quashed due to procedural deficiencies and violated rights. (Para 11 , 12 , 13 , 14) |
G.S. Sandhawalia, Chief Justice [Oral]
In the present writ petition in the nature of Habeas Corpus, prayer is sought to release the detenue/petitioner from preventive detention in view of the order passed by respondent No.1.
2. A perusal of the order dated 26.03.2025, (Annexure P-2), passed by the Additional Chief Secretary (Home) to the Government of Himachal Pradesh, would go on to show that the petitioner has been ordered to
1 Whether reporters of Local Papers may be allowed to see the judgment?
detained and kept in Model Central Jail Kanda, District Shimla, for three month, keeping in view the fact that he is accused in multiple cases under Narcotic Drugs and Psychotropic Substances Act whereas, drugs such as Heroin/Chitta were recovered from possession and afte
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