Liberty can't be curtailed on executive ipse dixit: HC quashes PIT-NDPS detention
24/04/2026
JAMMU, Apr 23: The High Court of Jammu & Kashmir and Ladakh has quashed the preventive detention of a Rajouri resident under the PIT-NDPS Act, holding that personal liberty cannot be curtailed in a mechanical or arbitrary manner on vague grounds.
Justice Rajesh Sekhri allowed a habeas corpus petition filed on behalf of Mohd. Kabir and set aside detention order No. PITNDPS 36 of 2025 dated June 16, 2025, issued by the Divisional Commissioner, Jammu.
The petition was filed through the detenue's elder brother. Advocate Rahul Raina appeared for the petitioner, while Senior AAG Monika Kohli represented the respondents.
The court noted that the detention was based on a dossier submitted by the Senior Superintendent of Police, Rajouri, citing two FIRs and multiple DDR entries alleging involvement in drug-related activities.
It also observed that proceedings under Section 129 of the BNSS had already been initiated against the detenue, who had been granted bail by the Executive Magistrate on May 31, 2025 - just days before the detention order was passed.
The High Court found that neither the sponsoring authority nor the detaining authority had recorded any compelling reasons to justify invoking preventive detention when proceedings under ordinary law were already in place.
While observing that such proceedings and preventive detention may co-exist in law, the court emphasised that the detaining authority must demonstrate independent application of mind and record compelling reasons before resorting to such an extraordinary measure.
In strong observations, the court held that the State cannot be permitted to whittle down personal liberty in a mechanical or perfunctory manner, noting that preventive detention cannot be used to "clip the wings" of an individual without an emergent justification beyond the scope of ordinary law.
Holding that the PIT-NDPS framework is preventive and not punitive in nature, the court termed the case as one of non-application of mind, quashed the detention order and directed the immediate release of the detenue.
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