Stale FIRs, unexplained delay cannot sustain preventive detention: HC

24/10/2026

SRINAGAR, Oct 23: The High Court of Jammu and Kashmir and Ladakh has quashed the preventive detention of Jatinder Singh alias Jeetu under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, holding that stale criminal cases and unexplained delay in issuing a detention order cannot justify continued deprivation of personal liberty.
Justice Rajnesh Oswal, while allowing the habeas corpus petition, observed that an unexplained delay of approximately nine months between the petitioner's release on bail and the issuance of the detention order had severed the live and proximate link between the alleged activities and the necessity for preventive detention.
The petitioner had challenged detention order No. DIV COM-K/162/2025, dated December 19, 2025, issued under Section 3 of the PITNDPS Act. The detention was based primarily on two criminal cases registered under the Narcotic Drugs and Psychotropic Substances Act at Police Stations Awantipora and Tral in 2021 and 2024, respectively.
The authorities alleged that the petitioner was repeatedly involved in narcotics trafficking and had developed contacts with drug peddlers operating in the area. They maintained that his activities were adversely affecting the younger generation and that ordinary criminal law had proved insufficient to prevent his alleged involvement in drug trafficking.
Advocate Wajid Haseeb, appearing for the petitioner, argued that the detention was legally unsustainable as no fresh illegal activity had been attributed to his client after 2024. He submitted that the petitioner had been granted bail in the criminal cases and that no fresh or compelling circumstances had been established to justify preventive detention.
The counsel also contended that the petitioner had not been informed of his right to submit a representation to the detaining authority.
Opposing the plea, Assisting Counsel Younis, appearing on behalf of Senior Additional Advocate General Mohsin Qadiri, defended the detention, submitting that the authorities had acted on material indicating the petitioner's repeated involvement in drug trafficking.
After examining the detention record, Justice Oswal noted that FIR No. 28/2024 had been registered on March 23, 2024, and the petitioner was granted bail on March 15, 2025. However, the preventive detention order was issued only on December 19, 2025.
The court observed that the grounds of detention referred to the two earlier FIRs but contained no material indicating that the petitioner had indulged in fresh illegal activities after being released on bail.
It also noted that the beat report and CID report relied upon by the authorities were undated and contained vague allegations.
Justice Oswal held that incidents dating back to 2021 and 2024, in the absence of material establishing a continuing live link, could not justify preventive detention in December 2025. The unexplained delay, the court observed, had severed the essential connection between the alleged activities and the detention order.
Holding that this ground alone was sufficient to invalidate the detention, the High Court allowed the petition and quashed the impugned order.
The respondents were directed to release Jatinder Singh from preventive custody forthwith, provided he was not required in connection with any other case.

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