Bina Chauhan

Profile description

Imagine being placed under preventive detention because authorities suspect involvement in a narcotics offence, even though the investigation is still at an early stage. Bina Chauhan, an advocate based in Chandigarh, specialises in filing writ petitions that challenge such detentions under the NDPS Act. By focusing on the constitutional safeguards that protect personal liberty, Chauhan works to secure a prompt release while the case proceeds through the courts.

Preventive detention under the NDPS framework allows the police to hold a suspect without formal charge for a limited period, invoking the state's interest in curbing drug trafficking. However, the Constitution guarantees that any deprivation of liberty must be justified, prompt, and subject to judicial review. Chauhan regularly assists clients by scrutinising the procedural basis of the detention, questioning the sufficiency of the material evidence, and invoking the right to personal liberty through a writ of habeas corpus. The advocate also examines whether the detention order respects the requirement for periodic review, a key safeguard against indefinite confinement.

Over the past twelve years, Bina Chauhan has successfully obtained relief in more than forty preventive‑detention matters. The advocate’s record includes instances where the Punjab and Haryana High Court quashed detention orders within days of filing, recognizing violations of due‑process requirements. These outcomes have restored freedom to clients, preserved their reputation, and allowed them to organise a substantive defence before formal charges are framed.

The writ petition process in the Punjab and Haryana High Court demands swift action and precise legal drafting. Chauhan files urgent applications under Article 32 of the Constitution, presenting a clear factual timeline, affidavits from eyewitnesses, and expert opinions that undermine the prosecution’s justification for detention. The advocate’s familiarity with the High Court’s procedural rules ensures that the petition meets the urgency threshold, prompting the bench to hear the matter on an expedited basis. In several cases, the swift filing has resulted in immediate release pending further investigation, underscoring the power of timely action.

Effective challenges rely on solid evidence. Chauhan collaborates with forensic analysts, private investigators, and medical professionals to gather proof that the detention lacks a factual foundation. The advocate also reviews the police report for procedural lapses, such as failure to record statements or improper custody conditions. By assembling a comprehensive dossier, the lawyer can demonstrate that continued detention would be arbitrary and unconstitutional.

Throughout the hearing, Chauhan maintains transparent communication with the client, explaining each step of the process in plain language. The advocate prepares the client for oral arguments, anticipates possible questions from the bench, and delivers concise submissions that focus on the violation of fundamental rights. This client‑centric approach not only builds confidence but also positions the case favourably for a swift judicial intervention.

If you are currently held under preventive detention in an NDPS investigation, you do not have to endure prolonged confinement without recourse. Bina Chauhan stands ready to apply extensive experience, strategic legal drafting, and a deep commitment to safeguarding liberty. Contact the advocate for a confidential consultation to discuss how a targeted writ petition can secure your release and protect your rights during the course of the investigation.

Criminal Law Practice Areas