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2025 DAILYLAW 13254 (JK)

MOHD ASHRAF WAGAY THROUGH HIS WIFE RUKHSANA JABEEN v. UNION TERRITORY OF JAMMU AND KASHMIR AND ORS. (HOME)

HCP/258/2024 · 2025-04-02

Rajesh Sekhri

body2025

Judgment text

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S. No. 113 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR HCP No. 258/2024 Mohd Ashraf Wagay through his Wife Rukhsana Jabeen &Appellant/Petitioner(s) Through: Mr. Parvaiz Amin Wani, Advocate Vs. UT of J&K and Ors. ...Respondent(s) Through: Ms. Nadiya Abdullah, Assisting Counsel CORAM: HON9BLE MR JUSTICE RAJESH SEKHRI, JUDGE O R D E R 02.04.2025 1. Impugned in this petition is Detention Order No.DIVCOM- <K=/25/2024 dated 27.03.2024 passed by Divisional Commissioner, Kashmir, whereby the detenu has been detained under Section 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. 2. It is fairly submitted by learned counsel for the respondents that the detention order was executed on 01.04.2024 and the maximum period of the same is one year, which has already expired, therefore, impugned order has outlived its life. 3. In view of submission made by learned counsel for the respondents, this petition by afflux of time is rendered infructuous and, is accordingly, disposed of with a direction to the respondents to release the detenu forthwith, if still in custody provided he is not involved in any other offence. (RAJESH SEKHRI) JUDGE SRINAGAR 02.04.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 04.04.2025 11:09