122 Supp HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR HCP No. 343/2024 Hilal Ahmad Wani ….. Petitioner (s) Through: Mr. Gulzar Ahmad Bhat, Adv. V/s Union Territory of J&K & Ors ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 08.05.2025 1. Through the medium of present petition, the petitioner has challenged detention order dated 02.05.2024 passed by the Divisional Commissioner, Kashmir whereby while exercising power under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, the Detaining Authority, has, directed preventive detention of the petitioner. Pursuant to the impugned order, it seems that, the petitioner was taken into custody on 08.05.2024. The impugned order has, thus outlived its life, thereby rendering the petition infructuous. P a g e | 2 HCP No. 343/2024 2. On 18.04.2025, this Court had framed a question of law as to how the judicial custody of an under trial can be shared and shifted by order of a criminal court to that of a preventive detention custody. Since the preventive custody of the petitioner has already expired, as such, determination of aforesaid question of law, would only be an academic exercise. The same is, therefore, left open to be determined in an appropriate case. The petition is, accordingly, disposed of as having been rendered infructuous. 3. Learned counsel for the petitioner has submitted that the petitioner is involved in a criminal case arising out of FIR No. 05/2024 registered with Police Station, Kunzer and in the said case, he has not been bailed out as yet. It shall be open to the petitioner to make an appropriate application before the concerned criminal court seeking shifting of his custody from Kot Balwal Jail, Jammu where he is presently lodged to a Jail adjacent to the court where the petitioner is facing trial. (Sanjay Dhar) Judge SRINAGAR 08.05.2025 Aasif