Indore High Court Quashes 12-Month Preventive NDPS Detention Order

Indore (Madhya Pradesh): The Indore bench of the Madhya Pradesh High Court has quashed a 12-month preventive detention order against Neemuch resident Jamnalal Dhakad under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PITNDPS) Act, 1988, holding that the State failed to place the Advisory Board's opinion on record a mandatory safeguard for prolonged preventive detention.

A division bench comprising Justice Subodh Abhyankar and Justice Alok Awasthi allowed Dhakad's writ petition challenging the detention order passed by the Ujjain Divisional Commissioner on Dec 5, 2025, and its subsequent confirmation by the State Government on Jan 12.

The detention was based on police recommendations alleging Dhakad's involvement in five NDPS cases and other criminal offences. The State argued that he was a habitual offender involved in commercial quantities of poppy straw and that preventive detention was necessary to curb illicit drug trafficking.

Dhakad, however, contended that he had been falsely implicated, that he was not supplied with the grounds of detention as required under the Act, and that his representations were not considered. He also pointed out that he had already been discharged in one NDPS case and exonerated in another where no charge sheet had been filed.

While examining the statutory requirements under the PITNDPS Act and Article 22 of the Constitution, the High Court observed that detention beyond six months requires the opinion of the Advisory Board to be available. The bench found that the State had only produced a communication from the deputy secretary stating that the Advisory Board had found sufficient cause for detention, but had not placed the Board's actual opinion or report before the High Court.

Holding that the absence of the Advisory Board's opinion was fatal to the detention order, the court quashed both the commissioner's detention order dated Dec 5, 2025, and the State Government's communication dated Jan 12. It directed the authorities to release Dhakad forthwith.

The High Court clarified that it was allowing the petition on this procedural ground without examining the other challenges raised by the petitioner.