Back
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Rahul Bharti
Shafatullah Shah – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
01. Heard learned counsel for the parties.
02. Perused the pleadings and the record therewith. Also perused the detention record produced from the end of the respondents.
03. The petitioner-Shafatullah Shah, age 23 years, acting through his father-Muzaffar Ahmad Shah, has come forward to maintain this writ petition filed on 6th of June, 2024 thereby seeking writ jurisdiction of this court under article 226 of the Constitution of India for issuance of a writ of habeas corpus for restoration of his personal liberty curtailed by virtue of his preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT NDPS Act 1988 in short).
04. The petitioner came to be in conflict with law when he along with two others namely Parvaiz Ahmad Khan and Nasir Ahmad Siraj came to be booked in an FIR No. 19/2023 by the Police Station Bomai for alleged commission of offences punishable under sections 8/22-29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act 1985). The petitioner and one of two co-accused persons are alleged to have been intercepted by a Police Party on patrol duty in a government vehicle when upon reac
Preventive detention requires timely and credible evidence; undue delay and failure to address representation render detention illegal.
Preventive detention must be justified, timely, and consider the individual's legal status, such as bail, to avoid malice in law.
Preventive detention must be justified and cannot be used to circumvent judicial processes, especially when the individual is already in custody.
Preventive detention cannot be punitive; authorities must seek bail cancellation if necessary to justify detention under the PITNDPS Act.
Preventive detention should not be based on stale incidents and should not be used as a mode of punishment without trial.
Preventive detention must be justified by clear grounds and cannot serve punitive purposes; failure to differentiate factual basis renders detention illegal.
Point of Law : Preventive Detention - Drug addicts - An effective representation can only be made by a detenu when he is supplied relevant grounds of detention, including materials considered by deta....
Preventive detention is justified when there is a reasonable probability of future criminal activity, and the grounds for such detention must be clear and free from ambiguity.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
