Excelsior Correspondent
JAMMU, May 13: The High Court of Jammu & Kashmir and Ladakh has quashed the preventive detention order of Madasar alias Jugnu, a resident of Udhampur, who had been detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PITNDPS) Act.
The judgment was delivered by Justice Mohd Yousuf Wani while hearing a Habeas Corpus petition filed through the detenue’s father.
Madasar had been detained on the basis of an order dated July 22, 2025, issued by the Divisional Commissioner, Jammu. He was subsequently lodged in District Jail Kathua. The authorities alleged that he was involved in illicit trafficking of narcotic drugs and psychotropic substances and relied upon two FIRs registered at Police Station Udhampur under Sections 8, 21, and 22 of the NDPS Act.
The petitioner challenged the detention order before the High Court, arguing that the action violated his constitutional rights guaranteed under Articles 21 and 22 of the Constitution of India. It was submitted that Madasar had already been granted bail in both FIRs and that the authorities had failed to justify why ordinary criminal law was insufficient to deal with the matter.
The Government opposed the petition, contending that Madasar was a habitual offender engaged in narcotics trafficking and that preventive detention became necessary to stop him from continuing such activities. The respondents also claimed that all legal and procedural requirements had been duly followed.
After hearing both sides and examining the detention records, the High Court found several deficiencies in the detention process. The Court observed that although the detenue had been granted bail in the criminal cases, there was no allegation that he had violated any bail conditions. The Court also noted that the authorities had not sought cancellation of the bail orders before resorting to preventive detention.
Justice Wani further observed that there was an unexplained delay of nearly three months between the last alleged incident and the issuance of the detention order, thereby breaking the “live link” between the alleged activities and the need for preventive detention.
Holding that the procedural safeguards under Article 22(5) of the Constitution and the PITNDPS Act had been violated, the High Court quashed the detention order and directed the authorities to release Madasar alias Jugnu from preventive custody, provided he was not required in any other case.
Advocate Nikhil Padha appeared for the petitioner while as Senior AAG Monika Kohli for the respondents.
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