In another setback to the state police, the Himachal Pradesh High Court has quashed yet another detention order issued under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT-NDPS) Act, 1988.

A Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi, on Wednesday, set aside the detention order issued by the Superintendent of Police, Kullu, under which petitioner Anil Kumar alias Neelu was detained for a period of three months.

The petitioner was arrested thrice between March, 2015, and December, 2023, under the NDPS Act. Though the petitioner was convicted in the first case and under trial in two other cases, the state claimed that he is still in contact with peddlers as per the CID reports.

Allowing the petition, the court observed that the detention order suffered from “non-application of mind” and violated constitutional safeguards guaranteed under the Indian Constitution’s Article 22(5). During the hearing, the state police defended the detention order through the office of the Additional Advocate General, citing repeated criminal cases allegedly registered against the petitioner under the Forest Act.

The state relied upon the Supreme Court judgment in G Reddeiah vs Government of Himachal Pradesh and Another (2012).

However, the HC rejected the contention, noting that the cited judgment pertained to a habitual forest offender involved in multiple cases of smuggling red sanders wood and forest wealth theft.

“Perusal of the said judgment would go on to show that the detenue therein was involved in forest offences and as many as eight FIRs had been registered against him pertaining to smuggling of red sanders wood and theft of forest wealth, thereby indicating habitual involvement in such illegal activities. Therefore, the said judgment is not applicable in the aforesaid facts and circumstances,” the bench observed.

The order also said, “Resultantly, we are of the considered opinion that in view of the settled principles of law, the non-application of mind with regard to the issue of proximate link with the failure to furnish the proper information to the petitioner enabling him to make representation against the detention order under Article 22(5) of the Constitution of India, the same cannot be sustained in the eyes of law.” The court also ordered, “In view of above, we have no option but to quash the detention order dated March 2, 2026 along with consequential orders and direct that the petitioner be set free forthwith immediately.”

The petitioner had challenged his detention under Section 3(1) of the PIT-NDPS Act, 1988.

Senior advocate Y K Thakur, along with advocates Bhanu Verma and Ritik Prasher, appeared for the petitioner, while Additional Advocate General Pranay Pratap Singh represented the respondents.
On May 18, the division bench quashed two detention orders issued against two brothers in Solan.