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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Rahul Bharti
Touseef Nabi Ganie – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
01. Heard learned counsel for the parties.
02. Perused the pleadings and the record therewith.
03. The petitioner, acting through his father, is seeking quashment of preventive detention order No. DIVCOM- “K”/70/2024 dated 18th of April, 2024 passed by the respondent No.2-Divisional Commissioner, Kashmir in exercise of power under section (3) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT-NDPS) Act, 1988.
04. A case for seeking preventive detention of the petitioner was actually put forth by the Senior Superintendent of Police (SSP), Baramulla by a dossier No. Lgl/PIT- NDPS/2023/1431-34 dated 1st of June, 2023 addressed to the respondent No.2-Divisional Commissioner, Kashmir.
05. This dossier remained un-responded and unacted upon at the end of the respondent No.2-Divisional Commissioner, Kashmir for almost a full period of one year when by virtue of detention order No. DIVCOM-“K”/70/2024 dated 18th of April, 2024, the petitioner came to be subjected to preventive detention custody.
06. The detention order No. DIVCOM-“K”/70/2024 dated 18th of April, 2024 came to be passed on purported grounds of detention formulated by the respondent No
Preventive detention under the PIT-NDPS Act is illegal if there is undue delay in acting on the detention request and lack of reasoning for such delay.
Preventive detention must be justified, timely, and consider the individual's legal status, such as bail, to avoid malice in law.
The main legal point established in the judgment is that the detaining authority must exercise independent judgment and inform the detainee of the right to make a representation against the detention....
Preventive detention is justified to protect society from individuals engaged in anti-social and unlawful activities, and the competence of the detaining authority is determined by the legal provisio....
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