PAWAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner, through his wife, has approached this Court invoking jurisdiction of this High Court under Article 226 of the Constitution of India against impugned detention order dtd. 5/5/2025 (Annexure P-2) passed by Additional Chief Secretary (Home) to the Government of Himachal Pradesh, exercising the powers conferred by Sec. 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988 ( for short 'PIT NDPS Act, 1988'), directing to detain the petitioner in Lala Lajpat Rai District Jail Kangra at Dharamshala for three months as per the Act, which was upheld by H.P. State Advisory Board (PIT NDPS Act 1988) at Shimla (for short 'Board') on 11/8/2025 (Annexure P-6), extending the period of detention for further three months, praying for following reliefs:-

(2.) Petitioner had preferred Civil Writ Petition No. 10120 of 2025 on 23/6/2025 against his detention order dtd. 5/5/2025, however, the said Writ Petition was disposed with liberty reserved to the petitioner to lay challenge to order dtd. 11/8/2025 passed by the Board as well as order dtd. 5/5/2025, because during pendency of the said Writ Petition, the Board, vide order dtd. 11/8/2025, had upheld the detention order dtd. 5/5/2025 and had further opined that detention should be extended by further three months.

(3.) In sequel to opinion rendered by the Board, Additional Chief Secretary (Home) to the Government of Himachal Pradesh issued order dtd. 5/9/2025 directing detention of the petitioner for another three months from the date of earlier three months detention of detenu.