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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Shah Jahan Parrah – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
RAHUL BHARTI, J.
1. The petitioner-Shah Jahan Parrah, acting through his father Nazir Ahmad Parrah, came forward with the institution of present writ petition on 20.03.2025 bearing cause of action related to his preventive detention custody effected under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PIT-NDPS), 1988.
2. The situation which led to the preventive detention of the petitioner is when the Senior Superintendent of Police (SSP), Ganderbal, through his communication No. PSA-Cell/PIT-NDPS/2025/5226-32 dated 17.02.2025, submitted a dossier with respect to alleged activities of the petitioner to the respondent No.2- Divisional Commissioner, Kashmir thereby urging exercise of jurisdiction under the PIT-NDPS Act, 1988 so as to prevent the petitioner from indulging in and continuing with his alleged activities.
3. The dossier so submitted by the Senior Superintendent of Police (SSP), Ganderbal led the respondent No.2-Divisional Commissioner, Kashmir to examine the material as citied in the dossier and to formulate the grounds of detention stating therein that the petitioner’s involvement in psychotropic drugs’ peddling came into noti
Preventive detention cannot be punitive; authorities must seek bail cancellation if necessary to justify detention under the PITNDPS Act.
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