Court Finds Procedural Lapses and Lack of Evidence in Preventive Detention Case Under PIT NDPS Act
In a significant ruling, the Allahabad High Court has quashed the detention order against Gurmel Singh, issued under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT NDPS Act). The Bench, comprising Justices Siddharth and Vinai Kumar Dwivedi, found substantial procedural lapses and a lack of cogent material to justify the preventive detention of Singh, who was already in judicial custody.
The court examined the grounds of detention, which pertained to Singh's alleged involvement in three criminal cases related to narcotic drugs and psychotropic substances. The last reported incident involving Singh was dated July 17, 2025, while the detention order was issued on January 2, 2026, leading to an unexplained delay of over five months. This delay, the court noted, severed the live and proximate link required between the alleged activity and the necessity for preventive detention.
The Bench criticized the detaining authority for acting mechanically and failing to record independent subjective satisfaction. The order was found to be a mere reproduction of the proposal by the sponsoring authority, lacking any independent assessment of Singh’s likelihood of re-engaging in illicit activities. Moreover, the court emphasized that preventive detention requires more than just suspicion; it necessitates a real possibility of release on bail and a likelihood of re-offending, neither of which was satisfactorily demonstrated.
The court also highlighted procedural non-compliance with the statutory requirement of forwarding the detention order report to the Central Government within ten days, as mandated by Section 3(2) of the PIT NDPS Act. The report was delayed by two days, which the court deemed a critical breach of procedural safeguards.
In light of these findings, the court directed the immediate release of Gurmel Singh, underscoring the importance of upholding constitutional safeguards and procedural diligence in cases of preventive detention.
Bottom Line:
Preventive detention under Section 3(1) of the PIT NDPS Act must be based on cogent material establishing a "real possibility" of release on bail and the likelihood of re-engaging in illicit activities. Mere mechanical reproduction of dossier/proposal without independent subjective satisfaction renders the detention order invalid.
Statutory provision(s): Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 Section 3(1), Section 3(2), Article 22(5) of the Constitution of India.
Gurmel Singh v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2955498
