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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Mohammad Yousuf Teeli, W/o. Gull Mohammad Teeli – Appellant
Versus
UT of Jammu and Kashmir, through Principal Secretary, Home Department – Respondent
JUDGMENT :
RAHUL BHARTI, J.
01. Heard learned counsel for both sides.
02. Perused the writ petition and the annexures therewith and also the counter affidavit filed in response.
03. The detention record produced also scanned thoroughly.
04. The institution of this writ petition came to take place on 27.10.2025 by the petitioner-Mohammad Yousuf Teeli acting through his brother Mudsar Ahmad Teeli coming forward to earn a writ of habeas corpus from this Court for the purpose of seeking restoration of his personal liberty otherwise lost to preventive detention custody effected and inflicted under the Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances Act, 1988 (in short “PIT NDPS Act, 1988”).
05. The respondent No. 3 – Sr. Superintendent of Police (SSP), Anantnag approached the respondent No. 2 – Divisional Commissioner, Kashmir with a dossier accompanying letter No. CS/71/2025/17737-42 dated 16.09.2025 through the medium of which the alleged state of activities of the petitioner falling within the scope of mischief of PIT NDPS Act, 1988 were reported and the petitioner’s preventive detention was solicited so as to deter him from continuing with his alleged state of ac
Preventive detention requires timely and credible evidence; undue delay and failure to address representation render detention illegal.
Preventive detention cannot be punitive; authorities must seek bail cancellation if necessary to justify detention under the PITNDPS Act.
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