Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 1264 of 2026 Court No. - 42 HON'BLE ATUL SREEDHARAN, J.
HON'BLE ACHAL SACHDEV, J.
1. Heard learned counsel for the petitioner, learned AGA for the State and Sri Shiv Kumar Pal, learned Deputy Solicitor General of India.
2. The present petition has been filed by the petitioner whose challenge is to his illegal detention under the PIT - NDPS Act vide order dated 07.05.2026 passed by the respondent no.2.
3. The present matter is identical to the case considered by this Court in Habeas Corpus Writ Petition No. 1291 of 2026 (Satendra @ Pappu and Another Vs. Union of India and 4 Others), in which this Court had allowed the petition on the ground of non-compliance with the most recent judgment of Hon'ble Supreme Court, reported in 2026 INSC 810 (Alfiya.A Vs. State of Kerala and others), in SLP Criminal No. 8439 of 2026, dated 28.07.2026. The said case applies squarely to the facts and circumstances of the present case, as the impugned order does not disclose that the petitioner has a right to prefer a Versus Counsel for Petitioner(s) : Ali Hasan, Istiyaq Ali Counsel for Respondent(s) : A.S.G.I., G.A., Shiv Kumar Pal Asif Khan .....Petitioner(s) Union Of India And 3 Others .....Respondent(s)
representation to the detaining authority itself specifically.
4. Under the circumstances, the present petition is allowed in the same terms. The impugned order stands quashed. The petitioner shall be released forthwith if he is not wanted in any other case. September 30, 2026 R.S. Tiwari HABC No. 1264 of 2026 2 (Achal Sachdev,J.) (Atul Sreedharan,J.) Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad