Jammu & Kashmir High Court – Srinagar Bench
Ubair Hameed Bhat vs Union Territory Of J&K And Ors on 25 March, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
HCP No. 244/2024
Reserved On: 14th of March, 2025.
Pronounced On: 25th of March, 2025.
Ubair Hameed Bhat
... Petitioner(s)
Through: -
Mr N. H. Shah, Senior Advocate with
Ms Suwaiba, Advocate.
V/s
Union Territory of J&K and Ors.
... Respondent(s)
Through: –
Mr Satinder Singh Kala, AAG.
CORAM:
Hon’ble Mr Justice Rahul Bharti, Judge.
(JUDGMENT)
01. Heard learned counsel for the parties.
02. Perused the pleadings of the writ petition and the
record therewith.
03. The petitioner-Ubair Hameed Bhat, acting through his
father namely Abdul Hameed, is intending to regain his most
cherishable right of personal liberty which otherwise has been lost
to him by virtue of preventive detention under the Prevention of
HCP No. 244/2024Page 2 of 5
Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT
NDPS) Act, 1988.
04. The petitioner’s detention came into effect on 4th of
May, 2024 and now is left only with a period short of one month
to gain his liberty without intervention of the Court but the
petitioner is investing his trust to earn the validation of his cause
in seeking quashment of his preventive detention.
05. In terms of the antecedents of the petitioner, vide an
FIR No. 26/2017, Police Station Aragam came to book the
petitioner in the alleged commission of offences under sections
148/149/332/427 of the Ranbir Penal Code (RPC).
06. The petitioner again came to be booked in FIR No.
07/2023 dated 5th of March, 2023 registered by the Police Station
Argam for alleged commission of offences punishable under
sections 8/22 of the Narcotic Drugs and Psychotropic Substances
(NDPS) Act, 1985.
07. With these two criminal cases attending his past, the
Senior Superintendent of Police (SSP), Bandipora came to
generate a dossier with respect to the petitioner and forward it to
respondent No.2-Divisional Commissioner, Kashmir vide
HCP No. 244/2024Page 3 of 5
communication No. Lgl/PSA-43/2024/16407-13 dated 16th of
April, 2024 thereby soliciting slapping of preventive detention
against the petitioner alleging that petitioner is a part of a narcotic
mafia whose activities are falling within the scope of mischief of
the Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances (PIT NDPS) Act, 1988.
08. In response to this dossier so submitted, the respondent
No.2-Divisional Commissioner, Kashmir came to formulate
purported grounds of detention lending him subjective satisfaction
to reckon the petitioner liable for preventive detention under the
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic
Substances (PIT NDPS) Act 1988 and that is how Order No.
DIVCOM-“K”/110/2024 dated 1st of May, 2024 came to be
passed directing preventive detention of the petitioner and his
lodgment in Central Jail, Kote Bhalwal, Jammu.
09. The passing of detention order No. DIVCOM-
“K”/110/2024 dated 1st of May, 2024 resulted in the detention of
the petitioner taking place on 4th of May, 2024 and placing of the
petitioner in the confines of the Central Jail, Kote Bhalwal,
Jammu.
HCP No. 244/2024
Page 4 of 5
10. Loosing no time against his said preventive detention,
the petitioner came to submit a written representation on 28 th of
May, 2024 addressed to the Home Department, Government of
Union Territory of Jammu & Kashmir thereby seeking recalling of
his preventive detention which has remained unresponded.
11. The petitioner’s detention was referred to the Advisory
Board for opinion which came to be tendered by the Advisory
Board on file No. Home/PB-V/329/2024 dated 30th of May, 2024
holding that there was a sufficient cause for detention of the
petitioner.
12. The Advisory Board’s opinion, thus, paved way for
passing of Government Order No. Home/PB-V/1280 of 2024
dated 12th of June, 2024 confirming the detention of the petitioner
for a period of one year w.e.f. 4th of May, 2024 to 3rd of May,
2025 and that period is soon going to expire by the coming month
of May, 2025.
13. The petitioner came forward with the institution of the
present writ petition on 4th of July, 2024 which came to be
admitted in terms of an order dated 8th of July, 2024 inviting
counter affidavit from the respondents’ end which never came to
HCP No. 244/2024Page 5 of 5
be filed even when costs came to be imposed in terms of an order
dated 13th of November, 2024 and despite that no counter affidavit
came to be filed meaning thereby that the grounds of challenge
put up by the petitioner in his writ petition against his preventive
detention remained unrebutted thereby rendering the outcome of
this writ petition just a matter of formality of quashing the
preventive detention order No. DIVCOM-“K”/110/2024 dated 1st
of May, 2024 read with Government Order No. Home/PB-V/1280
of 2024 dated 12th of June, 2024.
14. Accordingly, the preventive detention order No.
DIVCOM-“K”/110/2024 dated 1st of May, 2024 read with
Government Order No. Home/PB-V/1280 of 2024 dated 12th of
June, 2024 are hereby quashed. The petitioner is directed to be
restored to his personal liberty by release from the concerned Jail
by its Superintendent.
15. Disposed of.
(Rahul Bharti)
Judge
SRINAGAR
March 25th, 2025
“TAHIR”
i. Whether the Judgment is approved for reporting? Yes/ No.
Tahir Manzoor Bhat
I attest to the accuracy and
authenticity of this
document
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