JUDGMENT :

N. KOTISWAR SINGH, J.

1. The present appeal has been preferred against the order dated 10.05.2023 passed by learned Single Judge (hereinafter also referred to as the “Writ Court”) in WP(Crl.) No. 155/2023 titled, “Abdul Qayoom Bhat Vs. UT of J&K and Ors.”, whereby the learned Writ Court while issuing notice to the respondents observed that a prima facie case has been made out for staying the operation of detention order issued by the respondent No. 2 under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances Act, 1988 (hereinafter referred to as the ‘Act’).

The main grievance of the appellants is that the learned Single Judge ought not have stayed the operation of detention order at the first instance on the day of motion. It has been submitted that it will be against the well settled principle that in the matter of preventive detention, the Court ought be very careful in passing any interim order of suspending the detention order at the pre-execution stage.

2. The present respondent approached this Court by filing a writ petition, registered as WP(Crl.) No. 155 of 2023, challenging the detention order No. Div. Com K/35/2023 dated 27.04.