Practice area

Preventive detention under the PIT-NDPS Act

Challenges to preventive detention orders under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

The PIT-NDPS Act allows the government to detain a person to prevent them from engaging in illicit traffic in narcotic drugs, without a trial. Because it limits personal liberty before any conviction, the law demands strict compliance with procedure, and the High Court examines such orders closely.

What this work involves

• Habeas corpus petitions before the High Court challenging detention orders
• Examining the grounds of detention, whether they were communicated promptly and in a language the detainee understands
• Supply of documents relied on by the detaining authority
• Delay in passing the order, or in executing it
• Non-application of mind and reliance on stale or irrelevant material
• Representations to the government and the Advisory Board
• Challenges after detention has been executed, and in limited cases before

Frequently asked questions

How can a PIT-NDPS detention order be challenged?

Usually by a habeas corpus petition in the High Court, together with a representation to the authorities and the Advisory Board.

Does the detainee have to be given reasons?

Yes. The grounds of detention and the relied-on documents must be supplied promptly so that the detainee can make an effective representation.

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