JUDGMENT :

RAHUL BHARTI, J.

1. Heard learned counsel for both sides.

2. Perused the pleadings and also the detention record.

3. The petitioner-Sehran Bashir Nadaf, a 19 years young boy, acting through his mother-Nayeema Akther, petitioned this Court on 17.06.2025 with present writ of habeas corpus for seeking quashment of preventive detention order slapped upon him under the J&K Public Safety Act, 1978 with a purported end and objective to prevent him acting in a manner prejudicial to the security of State/UT of J&K.

4. The respondent No.2-District Magistrate, Anantnag was approached by the Senior Superintendent of Police (SSP), Anantnag with a dossier submitted through a letter No. CS/71/2025/7079-84 dated 13.05.2025 wherein a case was put up for seeking preventive detention custody of the petitioner on the alleged state of activities of the petitioner being reckoned by the District Police to be prejudicial to the security of the State.

5. The dossier so submitted by the Senior Superintendent of Police (SSP), Anantnag was eighteen pages compilation bearing purported recitals that the petitioner was a 12^th Standard student who was preparing for NEET examination through Online mode when on 29.05.2023 the Police Station, Anantnag, acting on the docket of the Incharge Police Post, Janglat Mandi, Anantnag, came to be apprised about some unknown terrorists having attacked a non-local labourer namely Deepak Kumar at Circus Amusement Park near GMC, Anantnag which led to the death of said victim thereby resulting in registration of an FIR No.171/2023 under Sections 302 IPC Sections 7/27 Indian Arms Act 1959, Sections 16, 18, 20, 39 of the Unlawful Activities (Prevention) Act, 1967 with the Police Station, Anantnag which undertook the investigation in which connection the petitioner was called for questioning to come up with a purported disclosure that the petitioner is using ‘Iphone XS model’ and is active user of Social Media of ‘Instagram’, ‘Facebook’, ‘WhatsApp’ and ‘Telegram’.

6. The petitioner is said to have disclosed that he had agreed for transporting the arms and ammunitions and in that regard had visited Bijbehara near Higher Secondary School for collecting one Pistol from one person namely Umer Amin Thoker. Said Pistol is said to have been used by the petitioner in carrying out the alleged incident of firing upon the non-local person.

7. The petitioner, at the time of alleged commission of offence and his consequent booking therefor was a minor boy and, as such, was treated to be a Juvenile to be bailed out by virtue of an order dated 04.02.2025 of the Juvenile Justice Board, Anantnag, whereafter the petitioner is said to have been put under surveillance in the course of which the petitioner’s alleged activities were reckoned to be sufficient enough to book him for preventive detention custody.

8. Except the alleged criminal act forming subject matter of said FIR No.171/2023, the petitioner’ antecedents in the dossier are reporting nothing adverse, objectionable and questionable.

9. In connection with said FIR No.171/2023 dated 29.05.2023, the petitioner came to be taken into custody only to come out of that custody with passing of the order dated 04.02.2025 passed by the Juvenile Justice Board, Anantnag.

10. Thus, for almost a period of two years w.e.f., 29.05.2023 to 04.02.2025, the petitioner had remained in a state of custody during which it cannot be said by any stretch of reference and claim that the petitioner was found indulgent or indulging in the state of activities prejudicial to the security of the State.

11. The petitioner earned his release from case custody with passing of an order dated 04.02.2025 by the Juvenile Justice Board, Anantnag but within a period of next three months, passing of preventive detention order No. 21/DMS/PSA/DET/2025 dated 14.05.2025 came to take place with consequent arrest and detention of the petitioner taking place on 18.05.2025

12. It is in this window period w.e.f., 04.02.2025 till 13.05.2025