S. No. 150 Regular list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR HCP 74/2025 ADIL HAMID ALIAS ADIL Petitioner(s)… Through: Mr. Sheikh Mushtaq, Adv. Vs. UNION TERRITORY OF J AND K AND ORS. (HOME) ...Respondent(s) Through: Mr. Faheem Shah, GA vice Mr. Mohsin Qadri, Sr. AAG. CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI JUDGE ORDER 24.02.2026 1. The petitioner-Adil Hamid aged 25 years, acting through his wife Sumaira Farooq, came to petition this court on 29th April, 2025, thereby seeking a writ of Habeas Corpus for quashment of his preventive detention custody and restore his personal liberty being a constitutionally guaranteed fundamental right. 2. The Senior Superintendent of Police (SSP) Srinagar, by virtue of a Communication NO. LGL/Det-PIT/2025/7334-37 dated 22nd February, 2025, submitted a dossier to the respondent No. 2-Divisional Commissioner Kashmir, thereby seeking preventive detention of the petitioner on account of alleged activities on the part of the petitioner falling within the scope of mischief under Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, (PIT NDPS) 1988. 3. Acting on said dossier of Senior Superintendent of Police, (SSP) Srinagar, the respondent No. 2-Divisional Commissioner, Kashmir, took more than one month for the purpose of according consideration from his end to finally come up with Detention Order No. DIVCOM-“K”/52/2025 dated 24th March 2025 thereby ordering the preventive detention of the petitioner so as to prevent him from committing any of the acts within the meaning of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1988, with word “Prevention of” omitted in the said order of detention. 4. Petitioner was directed to be arrested and detained in Central Jail Kot Bhalwal, Jammu for a period to be specified by the Government/Advisory Board. 5. The basis of passing the detention order No. DIVCOM “K”/52/2025 dated 24th March 2025 was the grounds of detention formulated by the respondent No. 2-Divisional Commissioner, Kashmir. 6. In the grounds of detention, the petitioner came to be referred as a notorious illicit drug peddler becoming principal dealer of narcotics and psychotropic substances in the ‘unmentioned’ area, developing contacts with drug peddlers operating in ‘unmentioned’ area and indulging in sale and dealing of drugs among the youth of ‘unmentioned’ area having an adverse impact on the younger generation by continuously exposing the young and gullible/immature minds, including school- going children, into the heinous world of drugs and making them habitual addicts. The petitioner came to be referred as a part of larger drug mafia operating not only locally but across the district, thereby posing a grave threat to the health and wealth of residents of district Srinagar. 7. The petitioner’s involvement in a criminal case under FIR No. 48/2022 under section 8/20,21 NDPS Act of Police Station, Shergarhi, with arrest of petitioner possessing 14.2 grams of Heroin and 50 grams of Charas, came to be referred. The aspect of bail of the petitioner by reference to said FIR also finds mention in the grounds of detention. 8. Thus, by the aforesaid reference to his alleged activities, the petitioner’s preventive detention order was said to be resting on the grounds of detention so formulated by the respondent No. 2-Divisional Commissioner. 9. Upon his arrest and detention, the petitioner, acting through his wife, submitted a written representation dated 19th April 2025 addressed to the Commissioner/Secretary to Government, Home Department and to the Respondent No. 2- Divisional Commissioner Kashmir putting up a case for revocation of the detention so inflicted upon the petitioner. 10. The representation was duly sent through registered postal notices addressed to the aforesaid two authorities on 21st April 2025 which came to be duly delivered as is borne out from tracking report. 11. Upon institution of this writ petition, this court in terms of its very first order dated 2nd May 2025 came to issue post-admission notice to the respondents for filing of counter-affidavit. 12. On 8th July 2025, appearance on behalf of the respondents came to be caused by the Assistant Counsel whereupon repeated adjournments came to take place for the purpose of filing of counter-affidavit to the writ petition which never came forth from the end of the respondents for reasons best known to them despite this court in terms of order dated 4th November 2025 affording last and final opportunity to the respondents to file counter-affidavit failing which right to do the same was to stand closed which actually came to be closed in terms of order dated 8th December 2025. 13. Thus, the averments made in the writ petition by the petitioner have gone uncontroverted which per se renders the petitioner entitled to earn quashment of his preventive detention, particularly keeping in mind the fact that he is left with a month or so of his remaining detention period, whereas majority of the detention period came to be lost awaiting filing of counter affidavit from the end of the respondents, whereas on his part the petitioner had come forward with the institution of the writ petition within one month of commencement of his detention custody. 14. In view of the aforesaid, the writ petition is allowed. Preventive Detention Order No. DIVCOM-“K”/52/2025 dated 24.03.2025 passed by the respondent No. 2-Divisional Commissioner Kashmir, read with confirmation/approval order, if any passed by Government of U T of J&K Home Department is/are quashed. 15. The petitioner is directed to be released to his personal liberty by the Superintendent of the concerned jail forthwith 16. Disposed of. (RAHUL BHARTI) JUDGE SRINAGAR 24.02.2026 Hilal