The Calcutta High Court has upheld the detention order under the PITNDPS, ruling that delays caused by obtaining No Objection Certificates from other states were satisfactorily explained. The decision emphasizes procedural compliance.
Calcutta HC Dismisses PITNDPS Detention Challenge
The Calcutta High Court recently dismissed a challenge against a detention order issued under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS). The court ruled that the delay in execution of the order, attributed to the requirement of obtaining No Objection Certificates (NOCs) from other states, was adequately justified.
This ruling reinforces the importance of procedural compliance when executing detention orders. The court noted that the necessity of securing NOCs led to a three-month delay, which did not compromise the continued relevance of the grounds for detention.
“The procedural necessity... satisfactorily explained the delay,” the court ruled.
Practitioners dealing with narcotics law and detentions should take note of this ruling, as it highlights the judiciary's willingness to consider procedural complexities and delays when evaluating the validity of detention orders.
Citations
- Calcutta HC Order (2026) 2 CAL 340
