S. No.3 Regular list HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR HCP 306/2024 NAZIR AHMAD BHAT …Petitioner(s) Through: Ms. Asifa Padroo, Advocate. Vs. UT OF J AND K AND ANR ...Respondent(s) Through: Mr. Zahid Noor, GA. CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI JUDGE ORDER 25.03.2025 1. The petitioner came to be subjected to preventive detention on the basis of an order No. DIVCOM-“K”/08/2024 dated 01.05.2024 passed by the respondent No. 2-Divisional Commissioner Kashmir acting in exercise of jurisdiction under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, (PITNDPS), 1988 on the basis of a dossier forwarded by the Senior Superintendent of Police (SSP) Bandipora vide his communication No. Lgl/PSA- 13/2024/12155-60 dated 20.03.2024. 2. The maximum detention period permissible under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS),1988 is one year. 3. The petitioner’s continuing detention is fast coming to its expiry. In terms of an order dated 13.09.2024, this writ petition was admitted for final hearing and the respondents were given time to file counter affidavit within two weeks as the respondents had entered appearance on the said date of 13.09.2024. 4. In the face of continuing default on the part of the respondents to submit counter affidavit in the case, this court was constrained to grant a last and final opportunity to do so in terms of an order dated 17.12.2024 which was also not availed by the respondents despite another opportunity of two weeks granted to file counter affidavit in terms of an order dated 04.03.2025. 5. Counter affidavit from the end of the respondents has not come forward till date meaning thereby the respondents have nothing to say against the grounds of challenge posed by the petitioner against his preventive detention and, as such the preventive detention of the petitioner warrants to be quashed. 6. Accordingly, this court allows this writ petition by quashing the Order no. DIVCOM-“K”/08/2024 dated 01.05.2024 read with consequent confirmation order passed by the Home Department, Government of U T of Jammu & Kashmir and directs the release of petitioner from the Central Jail Kote Bhalwal Jammu or for that matter in any other jail wherever the petitioner may be lodged. The Superintendent concerned Jail to carry out compliance of the direction. 7. Disposed of. (RAHUL BHARTI) JUDGE SRINAGAR 25.03.2025. Bisma