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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Tawfeeq Ahmad Khan S/o Mohd. Ayoub Khan – Appellant
Versus
UT of J&K through Additional Chief Secretary, Home Department, J&K Govt. Civil Secretariat, Srinagar/Jammu – Respondent
JUDGEMENT :
RAHUL BHARTI,
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. By virtue of an Order No. DIVCOM- “K”/80/2025 dated 03.05.2025, the respondent No. 2 – Divisional Commissioner, Kashmir came to subject the petitioner to preventive detention custody on account of alleged reported activities of the petitioner falling within the scope of mischief of section 3 of the Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances Act, 1988 (in short “PIT NDPS Act, 1988”) which resulted in the petitioner getting detained to serve one year detention period upon approval of the said detention order taking place from the end of the Govt. in terms of Govt. Order No. Home/PB-V/1218 of 2025 dated 12.06.2025.
04. The petitioner had come to be detained on 05.05.2025.
05. The grounds of detention in support of the impugned detention order refer the petitioner’s involvement in FIR No. 128/2022 under section 8/21 of NDPS Act, 1985 of the Police Station Safakadal and on that solitary antecedent basis the petitioner has been reckoned to be a member of larger drug mafia without any fa
Preventive detention is justified to protect society from individuals engaged in anti-social and unlawful activities, and the competence of the detaining authority is determined by the legal provisio....
Preventive detention under PITNDPS valid despite bail if conditions insufficient to prevent drug trafficking, distinct from BNSS proceedings.
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