GHULAM RASOOL BHAT v. UNION TERRITORY OF J AN K AND ORS. (HOME) (DB -II )
LPA/332/2024 · 2025-02-13
Puneet Gupta, Sanjeev Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9510 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9510 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
LPA No. 332/2024 in HCP No. 64/2024 CM No. 7628/2024
Reserved On: 4th of February, 2025 Pronounced On: 13th of February, 2025
Ghulam Rasool Bhat … Appellant(s)
Through: - Mr Mudasir Bin Hassan, Advocate.
V/s
Union Territory of J&K and Ors. … Respondent(s) Through: - Mr Ilyas Nazir Laway, Government Advocate.
CORAM:
Hon’ble Mr Justice Sanjeev Kumar, Judge
Hon’ble Mr Justice Puneet Gupta, Judge
(JUDGMENT)
Sanjeev Kumar-J:
01.
This intra Court appeal is directed against the Order and
Judgment dated 11th of November, 2024 passed by the learned Single Judge of this Court [“the Writ Court”] in HCP No. 64/2024 titled ‘Ghulam Rasool Bhat v. Union Territory of J&K and Ors.’, whereby the Petition of the Appellant challenging his order of detention has been dismissed.
02.
The impugned Judgment passed by the Writ Court is challenged by the Appellant on multiple grounds, however, having regard to the fact that the maximum period of detention for which the Appellant was detained by the Divisional Commissioner, Kashmir vide Order No. DIV.COM-“K”/143/2023 dated 3rd of August, 2023 has expired, we do not deem it appropriate to decide this appeal on merits.
03.
From perusal of the detention record, produced before us by the learned Counsel appearing for the Respondents, it clearly transpires that
LPA No. 332/2024 in HCP No. 64/2024
the order of detention was passed by the Divisional Commissioner vide its
Order No. DIV.COM-“K”/143/2023 dated 3rd of August, 2023. The same was executed by ASI Mohammad Shafiq, Police Station, Qazigund on 14th of February, 2024 and the Appellant was lodged in Central Jail, Kot Bhalwal on 14th of February, 2024, itself.
04.
Since the detention of the Appellant has been ordered with a view to prevent him from committing any of the acts within the meaning of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, as such, the maximum period for which the Appellant could have been detained is one year from the date of execution of the warrant of detention. In the instant case, the period of one year, thus, expires on 13th of February,
2025. This being the position, the Appellant has already undergone the maximum period of detention and, therefore, the order of detention, impugned before the Writ Court, has outlived its life.
05.
In view of above, the present Letters Patent Appeal is, therefore, rendered infructuous and is, accordingly, disposed of, along with the connected CM(s). We, however, make it clear that in case the Appellant has not been released from custody, he shall be released forthwith, provided he is not required in connection with any other case.
06.
Detention record, as produced by the learned Counsel for the Respondents, be returned with utmost dispatch.
(Puneet Gupta) (Sanjeev Kumar)
Judge
Judge SRINAGAR February 13th, 2025
“TAHIR” i. Whether the Judgment is approved for reporting? Yes/ No. Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document