| Detenu's valuable right denied, preventive detention cannot stand: HC | | | Early Times Report
JAMMU, June 22: The High Court of Jammu & Kashmir and Ladakh at Jammu has quashed the preventive detention of Pankaj Sharma under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, holding that deprivation of his right to make representation before the detaining authority vitiated the detention order.
Justice Rahul Bharti passed the order in HCP No. 125/2025, challenging detention order No. PITNDPS 45 of 2025 dated 19.07.2025, issued by the Divisional Commissioner, Jammu. The detention was based on the petitioner's alleged involvement in criminal cases under the NDPS Act and was initiated on the basis of a dossier submitted by the SSP Kathua.
In the middle of the hearing, Advocate A.R. Khan appeared for the petitioner, while the UT was represented by Sr. AAG Monika Kohli with Advocate Nazia Fazal.
The Court observed that the execution report and receipt of grounds of detention showed that the petitioner was informed only about his right to make representation to the Government, but not to the detaining authority, namely the Divisional Commissioner, Jammu. The Court held that this denial of a valuable right struck at the root of the preventive detention.
Holding that the detention could not be saved under law, the High Court quashed detention order No. PITNDPS 45 of 2025 as well as Government Order No. Home/PB-V/1557 of 2025 dated 11.08.2025.
The Court directed that the petitioner be restored to his personal liberty and ordered the Superintendent, District Jail Udhampur, to release him forthwith. (JNF) |
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