High Court of Jharkhand Upholds Preventive Detention Under PITNDPS Act
Bipin Bihari Singh v. State of Jharkhand
The High Court of Jharkhand dismissed a writ petition challenging a detention order issued under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PITNDPS) Act, 1988.
The petitioner was named in three NDPS cases involving recovery of 700 kg, 582 kg, and 66.9 kg of ganja in separate cases in Jharkhand and Bihar. Though he had secured bail in two cases, the State invoked preventive detention, alleging habitual involvement in ganja trafficking and threat to public order. The detention order dated 30 July 2025 was later confirmed by the Advisory Board, fixing detention for one year under Section 11 of the Act.
The petitioner argued that the order was passed after an unexplained seven-month delay from the proposal stage and that grant of bail negated the need for preventive detention, relying on Sushanta Kumar Banik v. State of Tripura (2022).
The Court held that the delay was satisfactorily explained as part of the process of obtaining reports and reaching “subjective satisfaction.” It further ruled that grant of bail does not bar preventive detention, which is based on apprehension of future illicit activity. Relying on D.M. Nagaraja v. State of Karnataka (2011) and Mortuza Hussain Choudhary v. State of Nagaland (2025), the Bench reiterated that preventive detention is valid if constitutional and statutory safeguards are followed. Finding no procedural or constitutional infirmity, the Court upheld the one-year detention and dismissed the petition.
