Abdul Khaliq Khan vs Union Territory Of J&K And Others
2022 Latest Caselaw 39 j&K/2

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      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR

                                                    WP(Crl) No.18/2020


                                                 Reserved on : 10.12.2021
                                                Pronounced on : 03.02.2022


Abdul Khaliq Khan                                                ...Petitioner(s)


                            Through:- None
      V/s

Union Territory of J&K and others                             ...Respondent(s)
                          Through:- Mr. Asif Maqbool, Dy. AG

Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                  JUDGMENT

1. Impugned in this petition is an order of detention bearing

No.DIVCOM-"K"/106/2019 dated 20.12.2019 passed by the Divisional

Commissioner, Kashmir, whereby the petitioner has been detained with a

view to prevent him from committing any of the acts within the meaning of

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances

Act, 1988 [ "the Act of 1988"] and for maintenance of public order.

2. The petitioner has challenged his detention on several grounds urged

in the writ petition. The Divisional Commissioner, Kashmir has filed

counter affidavit. It is submitted that the preventive detention in the case of

petitioner has been ordered not to punish him for something he has done

but only to prevent him from doing it. It is further submitted that the

petitioner is habitual in indulging in the activities prevented under the Act

of 1988 and for so doing there are two FIRs already registered against him

in the Police Station, Tangmarg. It has also come in the reply affidavit that

at the time of issuance of impugned order of detention the petitioner was

already in the custody of police having been apprehended on 1 st August,

2019 in connection with FIR No.50/2019 under Section 8/20 NDPS Act

registered at Police Station, Tangmarg.

3. Without going into the merits of the detention order, suffice it to

notice that in the instant case, the impugned order of detention was passed

on 20th December, 2019 and the same was immediately executed, for, the

detenue/petitioner was already in the custody of the respondents. If that be

the position, the petitioner has already undergone the two years' maximum

period of detention provided under the Act of 1988. The order impugned

has, thus, outlived its life and this writ petition is virtually rendered

infructuous.

4. For the foregoing reasons, this writ petition is disposed of as having

been rendered infructuous with a direction to the respondents to release the

petitioner from preventive custody, if not already released.

(Sanjeev Kumar) Judge Srinagar.

03.02.2022 Vinod.

Whether the order is speaking : Yes/No Whether the order is reportable: Yes /No