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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Mohd Saleem Khan, S/o Gh. Ahmad Khan – Appellant
Versus
UT of Jammu and Kashmir, Through Commissioner Secretary, Home Department, J&K Government – Respondent
JUDGMENT :
Rahul Bharti, J.
1. Heard learned counsel for the petitioner as well as the respondents. Perused the pleadings and the documents therewith.
2. The petitioner-Mohd Saleem Khan, acting through his daughter Mst. Suhana Saleem, has filed the writ petition on04.06.2025, through the medium of which the petitioner is seeking restoration of his personal liberty which has come to be curtailed on account of the respondent No.2- Divisional Commissioner, Kashmir’s Order No. DIVCOM “K”/77/2025 dated 26.04.2025 passed in exercise of power under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT NDPS) Act 1988, which has brought the petitioner to be in a state of custody with effect from 29.04.2025 meant to last for a period of one year and by that count the petitioner is left with only last 2 / 3 months of preventive detention custody to serve.
3. The respondent No.2-Divisional Commissioner, Kashmir, was approached by the Senior Superintendent of Police (SSP), Awantipora, with letter No. Conf/PSA/2025/28-31 dated 03.04.2025 bearing a dossier against the petitioner through which the petitioner’s alleged activities were reported to be prejudici
Preventive detention cannot be punitive; authorities must seek bail cancellation if necessary to justify detention under the PITNDPS Act.
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.
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....
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