01. Through the medium of this Habeas Corpus Petition, the
petitioner-Moomin Kamal (hereinafter called ‘detenue’)
seeks quashment of Order No. PITNDPS 29 of 2024 dated
13.05.2024 (hereinafter called ‘detention order’) passed
by the respondent No. 2-Divisional Commissioner,
Jammu (hereinafter called ‘detaining authority’)
whereby and whereunder in terms of Section 3 of the
Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances Act, 1988 (for short, PITNDPS
Act), he had been ordered to be detained and lodged in
District Jail, Kishtwar.
02. The detenue has pleaded that FIR Nos. 259/2022 and
139/2023 came to be registered against him on flimsy
and frivolous grounds and in the said FIRs, the detenue
has already been enlarged on bail and trial in the said
FIRs is pending; that the detenue was detained
18.05.2024 by the Police Station, Kishtwar from his
residence for no rhyme and reason; that when the father
of the detenue went to the Police Station to enquire about
his son, he was informed that the detenue has been
shifted to District Jail, Kishtwar and when the father of
the detenue visited the said Jail, he was informed that
the detenue has been taken into preventive custody
under the PITNDPS Act.