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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Reserved on: 29.01.2026

Pronounced on: 03.03.2026

HCP No. 56/2025

Shah Jahan Parrah

s

…..Petitioner

Through: Mr. Umar Rashid, Advocate

Vs

Union Territory of J&K and Others

.….Respondent

Through: None.

Coram : HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

JUDGMENT

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,

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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 notice

in the year 2021 and 2022 by his involvement in

FIR No.08/2021 and FIR No.328/2022 both

registered by the Police Station, Ganderbal for

alleged possession of 18 and 14 bottles of Codeine

respectively.

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4. By reference to said antecedents of the

petitioner, the petitioner was reckoned to be a

part and active member of large drug mafia and

thus qualifying the petitioner’s alleged activities

to be within scope of mischief of PIT-NDPS Act,

1988.

5. On the basis of the grounds of detention so

formulated, the respondent No.2-Divisional

Commissioner, Kashmir came to pass the

detention Order No.DIVCOM”K”/31/2025 dated

04.03.2025 directing the detention of the

petitioner under PIT-NDPS Act, 1988 and his

consequent detainment in District Jail,

Udhampur.

6. On the basis of said detention order, the

petitioner came to be detained on 06.03.2025

from which date onwards the prescribed one year

period of detention came to run against the

petitioner and is soon coming to expire on its

own.

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7. At the time of hearing of this petition, the

petitioner is left with only one month and few

days of detention period.

8. When this Court peruses the detention order

along with the grounds of detention, this Court is

convinced that preventive detention of the

petitioner was effected on stale state of affairs in

the manner that the two FIRs of the year 2021

and 2022 could not have been pressed into

reference both by the Senior Superintendent of

Police (SSP), Ganderbal as well as respondent

No.2-Divisional Commissioner, Kashmir to

declare the petitioner as part of a drug mafia. If

that was to be so, then the petitioner’s preventive

detention should have been sponsored and

ordered immediately following last FIR of year

2022 otherwise from said FIR of 2022 onwards

there is no reported act of omission or

commission on the part of the petitioner to be

reckoned as a case for suffering preventive

detention.

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9. In the light of the aforesaid, the preventive

detention of the petitioner is reckoned to be

illegal. Preventive detention Order

No.DIVCOM”K”/31/2025 dated 04.03.2025

along with confirmation/approval order are

hereby quashed. The petitioner is directed to be

restored to his personal liberty by his release

from the concerned Jail.

10. Disposed of, as such.

(RAHUL BHARTI)

JUDGE

Srinagar

03.03.2026

Muzammil Q

Whether the judgment is speaking : Yes / No

Whether the judgment is reportable : Yes / No

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