JUDGEMENT

18.03.2024 1. Heard learned counsel for the parties.

2. Perused the writ record produced with annexures therewith and also perused the detention record produced by the respondents.

3. The petitioner is 20 years of age and has approached this Court through is wife with the present writ petition for a writ of habeas corpus under article 226 of the Constitution of India as the petitioner has lost his personal liberty by virtue of a preventive detention order No. DIVCOM- “ K ” /32/2023 dated 12.04.2023 passed by the respondent No.2-Divisional Commissioner, Kashmir in exercise of power under section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, (in short PITNDPS Act ),1988.

4. The petitioner has been subjected to detainement in the Central Jail Kotebhalwal, Jammu and the period of detention is one year.

5. The case for subjecting the petitioner to preventive detention came to be presented before the respondent No.2-Divisional Commissioner, Kashmir by the respondent No. 3 Senior Superintendent of Police (SSP), Ganderbal in the form of a dossier No. Legal/PSA-17-B/23/10867-72 dated 18.03.2023