HC quashes preventive detention under PIT NDPS Act, orders release of Kathua man
23/06/2026
JAMMU, Jun 22: The High Court of Jammu and Kashmir and Ladakh has quashed the preventive detention of a Kathua resident under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT NDPS) Act, holding that denial of his valuable right to make a representation before the detaining authority rendered the detention illegal.
Justice Rahul Bharti passed the order while allowing a habeas corpus petition filed by Pankaj Sharma, challenging detention order No. PITNDPS 45 of 2025 dated July 19, 2025, issued by the Divisional Commissioner, Jammu.
The petitioner was represented by Advocate A.R. Khan, while the Union Territory was represented by Senior Additional Advocate General Monika Kohli, assisted by Advocate Nazia Fazal.
According to the records, the detention was ordered on the basis of a dossier submitted by the Senior Superintendent of Police, Kathua, citing the petitioner's alleged involvement in cases registered under the NDPS Act.
After examining the execution report and the receipt of the grounds of detention, the High Court found that the detenu had been informed only of his right to make a representation before the Government and was not informed of his independent right to submit a representation to the detaining authority, the Divisional Commissioner, Jammu.
Justice Bharti observed that denial of this valuable statutory right struck at the root of the preventive detention and rendered the detention order unsustainable in law.
Holding that the constitutional and statutory safeguards available to a detenu had been violated, the Court quashed the detention order as well as Government Order No. Home/PB-V/1557 of 2025 dated August 11, 2025.
The Court directed the Superintendent of District Jail, Udhampur, to release the petitioner forthwith, provided he is not required in connection with any other case.
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