📷 Image: Wikimedia Commons / Kamlesh.legalaid
Crime
Court Ruling: Failure to Grant Bail Invalidates Preventive Detention Under PIT-NDPS
✍️ Live Law
🗓 17 Oct 2026, 06:48 AM
👁 10
A court has ruled that not considering bail in a drug offence case renders the preventive detention under the Prevention of Terrorism (PIT) and National Disaster Prevention and Response System (NDPS) invalid.
The Delhi High Court has held that the failure to consider a bail application in a drug offence case vitiates the preventive detention imposed under the Prevention of Terrorism (PIT) Act and the National Disaster Prevention and Response System (NDPS) Act. The court noted that bail is a fundamental right and its omission can render subsequent detention unlawful. Consequently, the accused’s detention under the PIT-NDPS framework is deemed invalid and must be reviewed. The ruling underscores the importance of procedural compliance in preventive detention cases.