Section 11. Maximum period of detention
The maximum period for which any person may be detained in pursuance of any detention order to which the provisions of section 10 do not apply and which has been confirmed under clause (f) of section 9 shall be one year from the date of detention, and the maximum period for which any person may be detained in pursuance of any detention order to which the provisions of section 10 apply and which has been confirmed under clause (f) of section 9, read with sub-section (2) of section 10, shall be two years from the date of detention:
Provided that nothing contained in this section shall affect the power of appropriate Government in either case to revoke or modify the detention order at any earlier time.
Judgements applying section 11
The Gauhati High Court (Kohima Bench) quashed an extension order dated 28.04.2026 that continued preventive detention under the PITNDPS Act beyond 28.04.2026 based only on a police report.
AllowedOpenKuleshwar Yadav Alias Kaleshwar Yadav Alias Koleshwar Yadav Vs the State of Jharkhand
Outcome: DismissedJharkhand HC (DB), W.P.(Cr.) (DB) No.121 of 2026, decided 21/07/2026 — Kuleshwar Yadav @ Kaleshwar Yadav @ Koleshwar Yadav v. Union of India & Ors: preventive detention under S. 3(1) PITNDPS Act, 1988; effect of bail and post-order acquittals on validity of detention;
DismissedOpenSRI JUSTICE RAVI NATH TILHARI & THE HON'BLE SRI JUSTICE SUBHENDU SAMANTA + WRIT PETITION No. 23639 of 2025 % 08.07.2026 Between: Dunga Kumari .....PETITIONER AND The State of Andhra Pradesh and others ....RESPONDENTS ! Counsel for the Petit
DismissedOpenPITNDPS preventive detention; Section 3(1) PITNDPS Act 1988 detention order quashed; Section 9(f) confirmation; Article 226 writ; live and proximate link broken by unexplained delay in passing detention order; non-consideration of Section 50 NDPS Act twin-conditions violation as bail ground;
Writ Petition (Criminal)OpenMithilesh Tiwari Vs Union of India through the Zonal Director Narcotics Control Bureau Ranchi
Outcome: AllowedMithilesh Tiwari v. Union of India (through Zonal Director, NCB Ranchi) and PITNDPS authorities (Joint Secretary & Deputy Secretary, Dept. of Revenue), W.P.(Cr.) (DB) No.792 of 2025, High Court of Jharkhand at Ranchi; coram Sujit Narayan Prasad & Arun Kumar Rai, JJ.; C.A.V. 17.02.2026, pronounced 12/03/2026.
AllowedOpenSmt Subhadra Debbarma for and on behalf of accused Rupan Miah Vs The State of Tripura and Ors.
Outcome: DismissedTripura High Court, W.P. (Crl.) 5/2025, decided 03.02.2026 (Dr. T. Amarnath Goud & S. Datta Purkayastha, JJ.), upholds preventive detention under Section 3(1) PITNDPS Act of Rupan Miah at the instance of his wife Subhadra Debbarma;
DismissedOpen
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Bipin Bihari Singh @ Dipu Singh Vs the State of Jharkhand through Secretary Department of Home , Government of Jharkhand
Outcome: DismissedJharkhand High Court, W.P.(Cr.)(DB) No.662 of 2025, decided 06/01/2026 (C.A.V. 08.12.2025). Preventive detention under Section 3(1) PITNDPS Act 1988; unreasonable delay between detention proposal (memo no.
DismissedOpenHabeas corpus challenge to a PIT NDPS preventive detention order. The court found a 45-day unexplained delay between the detention order and its execution broke the live proximity link, vitiated the subjective satisfaction, quashed the detention and directed release of the detenue.
DisposedOpenRampravesh Gupta Alias Ramu Saw@ Ram Pravesh Saw @ Ram Saw Vs the State of Jharkhand through the Chief Secretary
Outcome: AllowedW.P.(Cr.) (DB) No.133 of 2025, High Court of Jharkhand at Ranchi; C.A.V. on 17.07.2025, pronounced on 08/08/2025; coram Sujit Narayan Prasad and Rajesh Kumar, JJ.
AllowedOpenBanti Mahtha,Alias Sonu Mahthaa Vs the State of Jharkhand through the Chief Secretary Government of Jharkhand
Outcome: AllowedJharkhand HC (Division Bench), pronounced 08.08.2025 (reserved/C.A.V. 17.07.2025), W.P.(Cr.) Nos.933 & 1001 of 2024: preventive detention orders under the PIT NDPS Act, 1988 (References No.18/PIT NDPS-25/2024-3616 and No.18/PIT NDPS-10/2024-2402, Principal Secretary, Home, Jail & Disaster Management Dept., Govt.
AllowedOpen