Section 5. Power to regulate place and conditions of detention
Every person in respect of whom a detention order has been made shall be liable--
(a) to be detained in such place and under such conditions including conditions as to maintenance, interviews or communication with others, discipline and punishment for breaches of discipline, as the appropriate Government may, by general or special order, specify; and
(b) to be removed from one place of detention to another place of detention, whether within the same State or in another State by order of the appropriate Government:
Provided that no order shall be made by a State Government under clause (b) for the removal of a person from one State to another State except with the consent of the Government of that other State.
Judgements applying section 5
This court quashed an extension order for preventive detention under the PIT NDPS Act. The court held that the State failed to apply its mind independently, merely copying the State Advisory Board's opinion without specific facts.
DisposedOpenThe High Court allowed a criminal petition for bail filed by an accused charged with alleged offences under BNS and BCHITPNDPSA. The court held that despite ongoing investigation, the accused being a customer rather than an organiser and having a fixed abode justified bail subject to stringent conditions.
AllowedOpenPreventive detention — PIT NDPS Act, 1988, S. 3(1) — detention order dated 02.05.2026 quashed — principal ground ('no sign of reform') rested on FIR No.51 of 2021 and FIR No.24 of 2026, which were not the subject FIRs (Nos.
DisposedOpenPreventive detention quashed for want of live/proximate link; PIT NDPS Act 1988 S.3(1) r/w S.5 detention order dated 08.05.2026 passed eight months after bail release on 11.08.2025; non-application of mind by detaining authority; frustration of purpose of bail; Article 21 personal liberty;
DisposedOpenpreventive detention; PIT NDPS Act 1988 Section 3(1) Section 5; live and proximate link; stale incidents/grounds; non-application of mind; detention order quashed; release of detenue; NDPS FIR Nos. 20/2025 and 33/2025 Police Station Dehra; heroin/chitta recovery 7 grams 6 grams; Advisory Board approval 17.04.2026;
DisposedOpenCOURT 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
DisposedOpen
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Station House Officer , Represented by Public Prosecutor, High Court of Kerala ,Ernakulam Vs Praveen Raj, S/O Rajan
Outcome: DisposedCOURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945 WP(CRL.) NO. 264 OF 2024 AGAINST THE ORDER DATED 1
DisposedOpen