Himachal Pradesh High Court Quashes Preventive Detention Orders: Upholds Fundamental Rights

Court Rules Detention Orders Based on Suspicion Violate Constitutional Safeguards

In a landmark judgment, the Himachal Pradesh High Court has quashed the preventive detention orders against Uved Khan, asserting the paramount importance of procedural safeguards and fundamental rights enshrined in the Constitution of India. The division bench comprising Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj delivered the judgment on November 11, 2025, challenging the orders passed under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT NDPS Act).

The petitioner, Uved Khan, was detained following allegations linked to multiple cases under the Narcotic Drugs and Psychotropic Substances Act, 1985, with a conviction in one of the cases. His detention was originally ordered on June 21, 2025, and later extended based on recommendations from the Himachal Pradesh State Advisory Board.

The court noted the absence of an opportunity for Khan to file a representation against his initial detention, highlighting a breach of procedural safeguards under Article 22(5) of the Constitution. The judgment emphasized that preventive detention impinges on the liberty guaranteed by Article 21, and such orders must strictly adhere to procedural requirements.

The State defended the detention orders by citing a Source Report indicating Khan's involvement in drug peddling and illegal income generation. However, Khan's counsel presented evidence that both vehicles owned by Khan and his family were financed legally, countering the State's claims of illicit income.

The High Court underscored the principle that preventive detention cannot be justified merely on suspicion or the background of registered cases without substantial evidence. The judgment referenced significant Supreme Court rulings, including Kamleshkumar Ishwardas Patel v. Union of India and Rekha v. State of Tamil Nadu, reiterating the need for stringent compliance with procedural safeguards to protect individual liberty.

In its decision, the court quashed the detention orders dated August 11, 2025, and September 23, 2025, issued by the State and the Advisory Board, respectively, declaring them void for violating fundamental rights. The court ordered Khan's immediate release unless he is required in any other case.

This judgment reinforces the judiciary's role in safeguarding constitutional rights and ensuring that laws, particularly those involving preventive detention, are applied with meticulous adherence to procedural standards.

Bottom Line:

Preventive detention orders cannot be justified merely on suspicion or based on the background of cases registered against an individual. Procedural safeguards and fundamental rights under Articles 21 and 22(5) of the Constitution of India must be strictly complied with.

Statutory provision(s): Articles 21 and 22(5) of the Constitution of India, Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3(1)

Uved Khan v. State of HP, (Himachal Pradesh)(DB) : Law Finder Doc Id # 2811750