Section 2. Definitions
In this Act, unless the context otherwise requires,--
(a) "appropriate Government" means, as respects a detention order made by the Central Government or by an officer of the Central Government, or a person detained under such order, the Central Government, and as respects a detention order made by a State Government or by an officer of a State Government, or a person detained under such order, the State Government;
(b) "customs airport" means any airport appointed under clause (a) of section 7 of the Customs Act, 1962 (52 of 1962) to be a customs airport;
(c) "detention order" means an order made under section 3;
(d) "foreigner" has the same meaning as in the Foreigners Act, 1946 (31 of 1946);
(e) "illicit traffic", in relation to narcotic drugs and psychotropic substances, means--
(i) cultivating any coca plant or gathering any portion of coca plant;
(ii) cultivating the opium poppy or any cannabis plant;
(iii) engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or transhipment, of narcotic drugs or psychotropic substances;
(iv) dealing in any activities in narcotic drugs or psychotropic substances other than those provided in sub-clauses (i) to (iii); or
(v) handling or letting any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv),
other than those permitted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder and includes--
(1) financing, directly or indirectly, any of the aforementioned activities;
(2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and
(3) harbouring persons engaged in any of the aforementioned activities;
(f) "Indian customs waters" has the same meaning as in clause (28) of section 2 of the Customs Act, 1962 (52 of 1962);
(g) "State Government", in relation to a Union territory, means the Administrator thereof;
(h) words and expressions used herein but not defined, and defined in the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), have the meanings respectively assigned to them in that Act.
Judgements applying section 2
Kuleshwar 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)OpenRajender @ Yusuf @ Sachin Vs Government of India Ministry of Finance Department of Revenue Pitndps Unit
Writ Petition (Criminal)W.P.(CRL) 3515/2025, Decided 22.04.2026 (Navin Chawla & Ravinder Dudeja, JJ.; oral judgment by Navin Chawla, J.): PITNDPS preventive detention quashed. Detention Order dated 13.05.2025 (Joint Secretary, Section 3(1) PITNDPS Act) as confirmed on 29.07.2025 (Deputy Secretary, Section 9(f)) set aside because, though the…
Writ Petition (Criminal)OpenPreventive detention; PITNDPS Act Section 3(1); detention of person already in judicial custody; no bail application filed; likelihood of release on bail; cogent and tangible material; Article 22(5) Constitution of India; effective representation by detenu; supply of relied-upon documents in language known to detenu;
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.
AllowedOpen
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Imran Hussain Giri Th Mehnaza Begum Vs Ut of J and K Th Commissioner Secretary to Government Home Department Jammu and Others
Outcome: Disposed107/2025 Page 1 of 6 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU HCP No. 107/2025 Reserved on: 05.03.2026 Pronounced on : 12.03.2026 Uploaded on : 12.03.2026 Whether the operative part or full judgment is pronounced: Full Imran
DisposedOpenKali Singh Th His Wife Priya Devi Vs Ut of J and K Th Principal Secretary to Government Home Department, Jammu and Others
Outcome: Disposed151/2025 Page 1 of 6 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU HCP No. 151/2025 Reserved on: 26.02.2026 Pronounced on : 06.03.2026 Uploaded on : 06.03.2026 Whether the operative part or full judgment is pronounced: Full Kali
DisposedOpenMahavir Singh Alias Appu Vs Ut of J and K Th Commissioner Secretary to Government Home Department Jammu and Another
Outcome: Disposed128/2025 Page 1 of 6 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU HCP No. 128/2025 Reserved on: 03.03.2026 Pronounced on : 06.03.2026 Uploaded on : 06.03.2026 Whether the operative part or full judgment is pronounced: Full Mahav
DisposedOpenMohd Arif Vs Ut of J and K Th Commissioner Secretary to Government Home Department Jammu and Others
Outcome: Disposed136/2025 Page 1 of 6 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU HCP No. 136/2025 Reserved on: 26.02.2026 Pronounced on : 06.03.2026 Uploaded on : 06.03.2026 Whether the operative part or full judgment is pronounced: Full Mohd.
DisposedOpen