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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Koushal Sharma – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
01. The petitioner, through the medium of the present petition, has challenged order No. PITNDPS 61 of 2025 dated 10.10.2025 (hereinafter to be referred to as (“impugned order of detention”) issued by respondent No. 2-Divisional Commissioner, Jammu whereby he has been placed under preventive detention with a view to prevent him from indulging in activities relating to illicit traffic of Narcotic Drugs and Psychotropic Substances.
02. The petitioner has assailed the impugned order of detention on the grounds that the said order has been issued by respondent No. 2 in an arbitrary manner without application of mind. It has been contended that the petitioner has not been apprised about his right to make a representation before the Central Government. It has been further contended that petitioner is a teenager and by passing the impugned order of detention, respondent No. 2 has misused his powers. It has also been contended that DDR reports mentioned in the grounds of detention do not relate to any activities pertaining to illicit trafficking of drugs, therefore, the same could not have been made the basis for passing the impugned order of detention.
03. It has al
The violation of a detenue's rights under Article 22(5) leads to the quashing of detention orders when there is inordinate delay in considering representations.
The right of a detenu to make a representation against detention and the obligation of the State Government to consider such representation are fundamental under Article 22(5) of the Constitution, an....
(1) Law of preventive detention must not only comply with Article 22 of Constitution, but also fulfill mandate of Articles 21 and 14.(2) Preventive detention – If consideration of representation made....
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