S.No.168 Regular List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR HCP 117/2024 REYAZ AHMAD LONE …Petitioner(s)/Appellant(s) Through: Mr. N. H. Shah, Advocate with Ms. Saima Ghulam, Advocate Vs. UNION TERRITORY OF J AND K AND ORS. ...Respondent(s) Through: Mr. Mohsin Qadri, Sr. AAG with Ms. Nadiya Abdullah, Assisting Counsel CORAM:HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER 02-04-2025 1. Through the medium of this writ petition, instituted on 25.04.2024, the petitioner came forward challenging his preventive detention effected vide order No. DIVCOM-“K”/28/2024 dated 01.04.2024 which is said to have been executed on the same very date of its passing. 2. The maximum period of detention under section 3 of the Prevention of Illicit Traffic In Narcotic Drugs and Psychotropic Substances Act, 1988 is one year. 3. The writ petition seems to have been rendered infructuous with its mere pendency as this court was not able to dispose it of within the period it should have been so as not to non-suit the petitioner in his cause. 4. Be that as it may, even if the detention of the petitioner came to take place not on 1st April, 2024 but later thereafter and still there is a period of detention left for the petitioner to suffer, this Court quashes the preventive detention order No. DIVCOM-“K”/28/2024 dated 01.04.2024 passed by the Divisional Commissioner Kashmir read with confirmation/approval order if any passed by the Government of UT of Jammu and Kashmir holding the exercise of jurisdiction on the part of the Divisional Commissioner Kashmir to be misconceived by bare reference to the petitioner’s involvement in the stale incident relatable to FIR No. 84/2020. 5. Detention Order No. DIVCOM-“K”/28/2024 dated 01.04.2024 is hereby quashed. The petitioner, if in custody pursuant to detention order No. DIVCOM- “K”/28/2024 dated 01.04.2024, to be released forthwith. 6. Disposed of. (RAHUL BHARTI) JUDGE SRINAGAR: 02-04-2025 Mubashir