2026:HHC:22030 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.WP No. 18 of 2026 Date of decision: 04.06.2026 Satpal …Petitioner Versus State of H. P. & Ors. …Respondents Coram The Hon’ble Mr. Justice G. S. Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Bipin C. Negi, Judge. Whether approved for reporting? For the Petitioner: Mr. Yuyutsu Singh Thakur, Advocate. For the Respondents: Mr. Varun Chandel, Additional Advocate General. G. S. Sandhawalia, Chief Justice (Oral) Challenge in the present petition is to the detention order dated 03.03.2026 (Annexure P-1), whereby the petitioner was detained for a period of three months under Section 3(1) read with Section 5 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short ‘the PIT NDPS Act’). 2. The reason as such for the detention is that there are three FIRs registered against the petitioner under the NDPS Act. The details of the FIRs read as under:- i. At Police Station Rampur, District Shimla, H.P., in First Information Report No. 20/2023, dated 08.02.2023, narcotic drugs and psychotropic substances under Sections 21 and 29 of the ND&PS Act, 1985, approximately 6.50 grams of heroin/chitta were recovered from him; 2 2026:HHC:22030 ii. At Police Station Nankhari, District Shimla, H.P., in First Information Report No. 32/2024, dated 30.07.2024, under Sections 21, 25 and 29 of the narcotic drugs and psychotropic substances Act, 1985, approximately 7.98 grams of heroin/chtta were recovered from him; iii. At police Station Rampur, District Shimla, H.P., in First Information Report No. 71/2025, dated 27.07.2025, under Section 21 of the narcotic drugs and psychotropic substances Act, 1985, approximately 1.24 grams of heroin/chitta were recovered from him.” 3. Counsel for the petitioner has submitted that last FIR was lodged on 27.07.2025 and the recommendation for the detention was sent by the Superintendent of Police, Shimla on 17.02.2026 and there is no proximate and live link as the period of almost 7 months had expired after his involvement in the last case. It is submitted that all the recoveries are of small and intermediate quantities and the detention order suffers from lack of application of mind as such on the issue of proximate and live link and the State had taken no immediate steps to get the detention order passed. 4. Counsel for the State, on the other hand, has submitted that the representation dated 20.03.2026 (Annexure P-8), made by the wife of the detenue as such had been decided and rejected by the competent authority on 18.04.2026 keeping in view the fact that call record details were carefully analyzed at the time of passing the detention order and he is in contact with the drug peddlers. 3 2026:HHC:22030 5. It is pointed out by the counsel for the State that in FIR No. 71/2025, dated 27.07.2025, which was the last FIR, approximately 1.24 grams of heroin/chitta was recovered. He was arrested and released on the notice itself on the same day and three cases are still pending against him and he has never been convicted in any case and was released on bail. 6. The detention order was served on 11.03.2026 at the time of his detention and it has also been mentioned that the neighbour has personal enmity with the representationist (wife of the detenue) who is making false allegations against the detenue. 7. The perusal of the representation would also go on to show that it has been held out that preventive detention is repugnant to democratic ideas and an anathema to the rule law and the ordinary criminal law is fully competent to deal with the situation and the objection regarding more than seven and half months having been passed, after the last alleged incident, shows substantial time gap without any fresh material snaps the live and proximate link. Apparently, a perusal of the order dated 18.4.2026, which has been passed by the competent authority while rejecting the representation of the wife of the petitioner, does not deal with all these aspects. 8. Counsel for the State has tried to justify that there was a complaint dated 30.12.2022 (Annexure P-12) made by the Pradhan, Mahila Mandal, Nirsu to the Pradhan, Gram Panchayat, Dutt Nagar that 4 2026:HHC:22030 the detenue as such was indulging in the trade of drug as such and the atmosphere of village was deteriorating and, therefore, all the woman of the Mahila Mandal had requested to remove the detenue from the village so that healthy and safe environment could be maintained. 9. It is to be noticed that the said representation was given almost three years prior in point of time when the detention order was passed, therefore, the objection taken by the State, would have no bearing keeping in view the settled law on the issue of proximate and live link, which we proceed to discuss. 10. Further reliance upon various DDRs as such that there are complaints dated 14.12.2025 and 29.01.2026 (Annexure P-13), would not take the State long way, as perusal of the same, would go on to show that they are general complaints and the State admits that the antecedent are bad and the petitioner is indulging in the same and they are not in a position as such to apprehend him, though they have been keeping a close watch on him and also monitoring his CDR locations. It is, thus, apparent that the State is well aware regarding his activity and it is always for them to apprehend the person and catch him red handed, so that, he can face prosecution for the conscious possession of any contraband. Mere apprehension as such would not entitle the State to detain a person. This aspect has missed the notice of the competent authority while rejecting the representation of the wife of the detenue. 5 2026:HHC:22030 11. Reliance can be placed upon the judgment in Sama Aruna vs. State of Telangana, (2018) 12 SCC 150, wherein it has been held that the FIRs registered against the detenue were capable of being dealt with in the ordinary course of criminal law and the order of detention would amount to punishment without trial. The relevant portion reads as under:- “17. We are, therefore, satisfied that the aforesaid detention order was passed on grounds which are stale and which could not have been considered as relevant for arriving at the subjective satisfaction that the detenu must be detained. The detention order must be based on a reasonable prognosis of the future behavior of a person based on his past conduct in light of the surrounding circumstances. The live and proximate link that must exist between the past conduct of a person and the imperative need to detain him must be taken to have been snapped in this case. A detention order which is founded on stale incidents, must be regarded as an order of punishment for a crime, passed without a trial, though purporting to be an order of preventive detention. The essential concept of preventive detention is that the detention of a person is not to punish him for something he has done but to prevent him from doing it. See G. Reddeiah v. Government of Andhra Pradesh and Anr.2 , and P.U. Iqbal v. Union of India. 18 to 21 x--------x----------x-----------x-------------x 22. We are of the view, that the detention order in this case is vitiated by taking into account incidents so far back in the past as would have no bearing on the immediate need to detain him without a trial. The satisfaction of the authority is not in respect of the thing in regard to which it is required to be satisfied. Incidents which are stale, cease to have relevance to the subject matter of the enquiry and must be treated as extraneous to the scope and purpose of the statute. 6 2026:HHC:22030 23. In this case, we find the authority has come to a conclusion so unreasonable that no reasonable authority could ever reach. A detaining authority must be taken to know both, the purpose and the procedure of law. It is no answer to say that the authority was satisfied. In T.A. Abdul Rahman v. State of Kerela and Ors., this Court observed, where the authority takes into account stale incidents which have gone by to seed it would be safe to infer that the satisfaction of the authority is not a genuine one. 24 & 25 x--------x----------x-----------x-------------x 26. The influence of the stale incidents in the detention order is too pernicious to be ignored, and the order must therefore go; both on account of being vitiated due to malice in law and for taking into account matters which ought not to have been taken into account.” 12. Reliance can also be placed upon three judgments i.e. Mallada K. Sri Ram Vs. State of Telangana and Others, (2023) 13 SCC 537, Ameena Begum Vs. The State of Telangana (2023) 9 SCC 587 and Rekha Vs. State of Tamil Nadu (2011) 5 SCC 244. 13. In such circumstances, as noticed, there is a considerable delay also not only in implementing the recommendations made by the concerned Superintendent of Police but the factor of the proximate and live link is also missing, which is a relevant factor. 14. Keeping in view the above, we are of the considered opinion that prolonged detention as such would not be justified in the facts and circumstances. Resultantly, the present petition is allowed and the detention order dated 03.03.2026 (Annexure P-1) is quashed and the petitioner be set free forthwith, if not required in any other case. 7 2026:HHC:22030 15. Pending applications, if any, also stand disposed of. (G. S. Sandhawalia) Chief Justice (Bipin C. Negi) 4th June, 2026 Judge (sanjeev)