IN THE HIGH COURT OF DELHI, AT NEW DELHI

WRIT PETITION (CRL.) NO.______ OF 2025

IN THE MATTER OF:

Mr. [Name],
s/o Mr. [Father’s Name],
r/o [Full Residential Address].

…. Petitioner

Versus

1. Union of India,
   Through Secretary to the Govt. of India,
   Ministry of Finance, Department of Revenue,
   North Block, New Delhi – 110001.

2. The Joint Secretary (PITNDPS),
   Ministry of Finance, Department of Revenue,
   Room No. 26, Church Road, R.F.A. Barracks,
   New Delhi – 110001.

3. Director General,
   Directorate of Revenue Intelligence,
   Delhi Zonal Unit,
   B-3 & 4, 6th Floor, Paryavaran Bhavan, CGO Complex,
   Lodhi Road, New Delhi – 110003.

…. Respondents

PETITION UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973

Seeking Issuance of a Writ of Mandamus and/or Certiorari for Quashing Preventive Detention Order Dated [Insert Date] Passed Under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988

MOST RESPECTFULLY SHOWETH:

1. Facts Leading to the Petition:
   The petitioner seeks to challenge a detention order dated [Insert Date], passed under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (“PITNDPS Act”). The petitioner recently became aware of the said detention order when officials, claiming to be police personnel, visited his residence for its execution. Similar orders issued against co-accused persons on analogous grounds have been revoked based on the recommendations of the Advisory Board, which found no sufficient cause for their detention.

   Copies of the detention orders and grounds pertaining to the co-accused are enclosed herewith as Annexure A, B, and C.

2. Grounds for Challenge:
   The grounds for challenging the detention order include:

   • Delay in Execution and Issuance: The detention order, passed on [Insert Date], has not been executed despite the petitioner’s regular presence at his residence and appearances in trial proceedings.
   • Staleness of Allegations: Allegations pertain to an incident dated [Insert Date], with the detention order being issued after an undue and unexplained delay, breaking the nexus between the alleged prejudicial activities and the necessity for detention.
   • Non-Application of Mind: The Detaining Authority failed to consider crucial documents and retractions of confessional statements that were essential to the subjective satisfaction required for passing the detention order.

3. Legal Basis for Relief:
   The petitioner’s case is covered under the exceptions established by the Hon’ble Supreme Court in Alka Subhash Gadia v. Union of India, 1992 SCC (Crl) 301, as further elaborated in Deepak Bajaj v. State of Maharashtra, (2010) 4 SCC (Cri) 122.

GROUNDS

A. Delay in Execution:
The prolonged delay in executing the order raises doubts about the necessity and urgency of preventive detention.

B. Delay in Issuance:
The detention order was issued more than [Insert Duration] after the alleged incident, making the allegations stale and the detention purposeless.

C. Non-Placement of Material Before Detaining Authority:
Vital documents and retractions were not presented before the Detaining Authority, vitiating the detention order.

D. Revocation of Co-Accused’s Detention Orders:
Similar detention orders against co-accused were revoked due to insufficient cause, highlighting the lack of merit in the allegations.

E. Violation of Fundamental Rights:
The impugned order violates the petitioner’s right to liberty under Article 21 of the Constitution of India.

PRAYER

In view of the foregoing, the petitioner most respectfully prays that this Hon’ble Court may graciously be pleased to:

1. Issue a Writ of Mandamus: Direct the respondents to place on record the detention order dated [Insert Date], along with grounds of detention, relied upon documents, and related material pertaining to other co-accused.

2. Issue a Writ of Certiorari: Quash the detention order dated [Insert Date] passed by Respondent No. 2 under Section 3(1) of the PITNDPS Act.

3. Grant Any Other Relief: Pass any other order deemed fit and proper in the facts and circumstances of the case.

Filed By:
[Name of Advocate]
[Advocate’s Enrollment Number]
[Address & Contact Information of Advocate]

Place: New Delhi
Date: [Insert Date]

Petitioner:
[Name of Petitioner]

Annexures:

1. Detention Order and Related Grounds (Annexure A, B, C).
2. Order Sheets from Trial Proceedings (Annexure D).
3. Representation and Memorandum of Rejection (Annexure E, F).