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Preventive detention an extraordinary power, says HC; frees Hisar woman held under PITNDPS Act

Justice Suvir Sehgal sets aside six month detention, says State failed to show any proximate link between past cases and need for preventive custody

3 min readChandigarhUpdated: Nov 19, 2025 12:19 AM IST

PITNDPS Act, Punjab and Haryana High Court, Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, Hisar woman held under PITNDPS Act, Indian express news, current affairs

The judge also termed the first FIR from 2020 as “stale material” that could not have been considered, citing the Supreme Court ruling in Ameena Begum vs State of Telangana.

Preventive detention is an extraordinary power that must rest on “credible and proximate evidence” and cannot be justified on “past conduct or vague apprehension”, the Punjab and Haryana High Court has held while ordering the immediate release of a Hisar woman detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS Act).

“Preventive detention is an extra ordinary power and has to be exercised sparingly, based on credible and proximate evidence of future criminal activities and not solely on the basis of the past conduct or vague apprehension,” ruled Justice Suvir Sehgal.

The court added that the State had failed to establish any “live as well as proximate link between the past conduct of the petitioner and unavoidable need to detain her”.

The petitioner, Babli, had challenged detention orders dated May 30 and August 1, 2025, under which she was confined for six months. The orders were passed by the Haryana Home Department after she was named in three NDPS cases. Her daughter’s representation against the detention had also been rejected on June 30.

Her counsel argued that only small or intermediate quantities had been recovered in all three FIRs, that she had been convicted in just one case, and was on bail in the others while complying with all conditions. He relied on a recent Division Bench ruling in Lakhwinder Singh alias Bhindi vs State of Haryana, where the court held that involvement in multiple NDPS cases is not by itself sufficient to order detention.

The State, opposing the plea, submitted that 121 NDPS cases had been registered in Hisar district this year and that the petitioner was part of a network of 562 identified drug accused. It asserted that she was a habitual trafficker and that a police dossier sent to the Home Department justified her preventive custody.

However, the court found significant gaps in the case. While noting that the petitioner had three FIRs, Justice Sehgal pointed out that the prosecution had not pressed its application for cancellation of bail in one of the pending cases. The court also highlighted that the authorities relied on a police source report claiming she was actively trafficking narcotics, but “such a report has neither been placed on the record by the respondents nor could be referred to by the State counsel during the course of arguments”.

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The judge also termed the first FIR from 2020 as “stale material” that could not have been considered, citing the Supreme Court ruling in Ameena Begum vs State of Telangana.

Finding the detention orders unsustainable, the court set aside all three impugned orders and directed that the petitioner “be released from detention forthwith, unless her custody is required in any other criminal case”.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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