P&H : Quashes PITNDPS Detention Confirmation For Being Non-Speaking; Says Govt Must Independently Justify Continuation And Period

punjab-haryana
⚖️ Order Date: 20 May 2026
Headnotes
Words and phrases -- "for such period as it thinks fit" - Preventive detention - Does not confer absolute power but signifies structrued discretion to be exercised rationally and proportiontely. (Para 9(i)) Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 9(f) — Preventive detention - Dual discreation - Firstly, it must independently adjudicate upon substantive necessity of continuing preventive detention and secondly, it must qualitatively calibrate and justify precise temporal

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Facts of the Case
P&H : Quashes PITNDPS Detention Confirmation For Being Non-Speaking; Says Govt Must Independently Justify Continuation And Period The Punjab and Haryana High Court has quashed a confirmation order under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS), directing the immediate release of detenue if not required in any other case. State’s confirmation order lacked independent reasons and failed to justify the period of detention. The petitioner was preventively detained on

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