BASHIR AHMAD DAR v. UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT)
HCP/214/2024 · 2025-10-13
Moksha Khajuria Kazmi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14745 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14745 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 56 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR HCP 214/2024 BASHIR AHMAD DAR …Appellant(s)/Petitioner(s) Through: Ms. Heena Baqal, Advocate vice Mr. Shafqat Nazir, Advocate
Vs.
UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT)
...Respondent(s) Through: None
CORAM:
HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE.
ORDER 13.10.2025
1. By this petition, petitioner herein has challenged the order No. DIVCOM- *K*/ 104/2024 dated 01.05.2024, for short impugned order, passed by the Divisional Commissioner Kashmir, whereby, the detenue namely Bashir Ahmad Dar S/O Zaffar Ahmad Dar R/O Bunpora Dangerpora District Baramulla, has been detained under the provisions of Prevention of Illicit Traffic In Narcotic Drugs and Psychotropic Substances Act 1988.
2. Perusal of the detention record reveals that the order of detention was executed on 06.05.2024 and the period of detention as prescribed in the order of detention was for a period of one year, which has expired on 06.05.2025, therefore, the order of detention has outlived its life and the detenue in consequence thereof is entitled to be released from the preventive custody. It is stated that the detenue has been detained in terms of impugned order for a period of one year w.e.f 06.05.2024 to 06.05.2025. Admittedly, the validity of the impugned order has outlived, therefore, the detenue, in the interest of justice requires to be released from preventive custody.
3. Accordingly, while holding the petition as having become infructuous, it is ordered that the detenue namely Bashir Ahmad Dar S/O Zaffar Ahmad Dar R/O Bunpora Dangerpora Sopore District Baramulla, be released from preventive detention forthwith, if not required in any other case.
4.
Disposed of.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR: 13.10.2025
“Adil Ismail”