2025:HHC:18439 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9397 of 2025 Decided on: 17.06.2025 Shoukat Ali … Petitioner Versus State of Himachal Pradesh & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. N.K. Thakur, Senior Advocate, with Mr. Karan Veer Singh, Advocate. For the respondents : Mr. Rahul Thakur, Deputy Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has approached this Court feeling aggrieved by issuance of Annexure P-2, which is an order passed by the Competent Authority in exercise of powers conferred under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PITNDPS) Act, 1988, in terms whereof, in the light of factum of two FIRs having been registered against the petitioner under the provisions of Narcotic Drugs and Psychotropic Substance Act, the Authority in exercise of powers conferred upon it under Section 3(1) of the Act (supra), has directed detention of the petitioner in District Open Air Jail, Chamba, Rajpura for a period of three months. 2. Learned Senior Counsel appearing for the petitioner has argued that the order has been passed without any due application of mind, which is evident from the fact that as on the date when the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:18439 said order was passed the petitioner was already in judicial custody and in fact the reason as to why the petitioner has approached this Court is that despite regular bail having been granted to him by Hon’ble Coordinate Bench of this Court vide order dated 23.05.2025, in Cr.MP(M) No.1100 of 2025, titled Shoukat Ali Versus State of Himachal Pradesh, the petitioner is not being released on the pretext of this prevention order despite the petitioner having fulfilled the requirements of the bail. 3. In compliance to the previous order passed by this Court, learned Deputy Advocate General has handed over Instructions received from Additional Director General, Prisons & Correctional Services, Himachal Pradesh, dated 17.06.2025, which are taken on record. On the request of learned Deputy Advocate General the same are being treated as response on behalf of the State to the writ petition. A perusal of the Instructions demonstrates that the order of preventive detention order passed on 17.03.2025, whereas the petitioner was arrested in FIR in FIR No.31 of 2025, on 22.03.2025, i.e. after the passing of the detention order. Further, a perusal of the Instructions demonstrates that the period of detention is to expire of 23.06.2025. 4. Taking into consideration the fact that 23.06.2025 is not too far away, without making any observation on the legality of the detention order, these proceedings are closed with the observation that after the period of detention order is over the bail order passed 3 2025:HHC:18439 by Hon’ble Coordinate bench of this Court, which is already referred to in the above part of the judgment, be implemented in letter and spirit and the petitioner be released on bail in terms of the directions passed by Hon’ble Coordinate Bench, until and unless there is some other impediment in the release of the petitioner. It is clarified that after 23.06.2025, the petitioner shall not be detained any further on the pretext of preventive detention order passed on 17.03.2025. 5. The petition stands disposed of. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge June 17, 2025 (Rishi)