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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Farooq Ahmad Koka – Appellant
Versus
UT of Jammu and Kashmir, Through Principal 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. Being aggrieved of preventive detention custody inflicted upon him, the petitioner, acting through his brother, has come to petition this Court bearing a prayer for quashment of preventive detention order and his consequent release from preventive detention custody.
3. The institution of writ petition took place on 17.09.2025.
4. The Senior Superintendent of Police (SSP), Shopian, by virtue of Communication No. PSA-CELL/SPN/20-2025/34058 dated 24.07.2025, submitted a dossier to the respondent No. 2-Divisional Commissioner, Kashmir thereby soliciting preventive detention of the petitioner on account of alleged activities of the petitioner falling within scope of mischief of Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, (PITNDPS), 1988.
5. On the basis of dossier so submitted, the respondent No. 2- Divisional Commissioner, Kashmir formulated grounds of detention therefrom drawing a purported subjective satisfaction to pass Order No. DIVCOM “K”/144/2025 dated 07.08.2025 thereby directing t
Preventive detention cannot be punitive; authorities must seek bail cancellation if necessary to justify detention under the PITNDPS Act.
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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