Jammu and Kashmir High Court
HCP/291/2025 of SHAHZAD AHMAD DAR Vs UNION TERRITORY OF J AND K AND ORS. (HOME) on 1 April 2026
Page 1 of 3 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR HCP No. 291/2025 Shahzad Ahmad Dar, Aged 34 years, S/o Late Mohd. Rajab Dar R/o Vidow Mishipora, District Kulgam Through his mother Raja Bano, Aged 75 years W/o Late Mohd. Rajab Dar R/o Vidow Mishipora, District Kulgam
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
HCP No. 291/2025
Shahzad Ahmad Dar, Aged 34 years,
S/o Late Mohd. Rajab Dar
R/o Vidow Mishipora, District Kulgam
Through his mother
Raja Bano, Aged 75 years
W/o Late Mohd. Rajab Dar
R/o Vidow Mishipora, District Kulgam
…..Petitioner
Through: Mr. Usman Gani, Advocate
Vs
1. Union Territory of J&K through Principal Secretary to Government, Home Department, Civil Secretariat, Jammu/ Srinagar.
2. Divisional Commissioner, Kashmir, Srinagar.
3. Sr. Superintendent of Police, Kulgam.
4. Superintendent Central Jail, Kote Bhalwal, Jammu.
5.
.…. Respondents
Through: Mr. Ilyas Laway, GA
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
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JUDGEMENT
(01.04.2026)
01. Heard learned counsel for both sides.
02. This writ petition came to be filed on 01.09.2025 whereby the petitioner sought quashment of the detention Order No. DIVCOM-“K”/111/2024 dated 01.05.2024 passed by the respondent No. 2 – Divisional Commissioner, Sr. No. 215
Kashmir in exercise of powers under the Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances Act, 1988 (in short “PIT NDPS Act, 1988”).
03. Despite repeated opportunities being granted, the respondents have least cared to come up with the counter affidavit to the writ petition as a result whereof this Court vide an order dated 22.12.2025 directed last and final opportunity failing which right to file counter affidavit to come to close and this is how no counter affidavit to this writ petition has been filed on record to be on the digital file, as such, in view of no contest to the present writ petition, the detention
Order
No. DIVCOM-“K”/111/2024 dated 01.05.2024 passed by the respondent No. 2 – Divisional Commissioner, Kashmir is herby quashed which otherwise warranted to be quashed from the very first date of institution of the writ petition in view of the fact that the Superintendent of Police (SP), Kulgam has submitted a dossier to the respondent No. 2 – Divisional Commissioner, Kashmir on 25.01.2024 and it took more than three months for the respondent No. 2 – Divisional Commissioner, Kashmir to act upon said dossier in passing the impugned detention Order No. DIVCOM-“K”/111/2024 dated 01.05.2024.
04. This Court, therefore, quashes the preventive detention
Order
No. DIVCOM-“K”/111/2024 dated 01.05.2024 passed by the respondent No. 2 – Divisional Commissioner, Kashmir and hereby orders restoration of the petitioner to his personal liberty by his release from the concerned jail.
05. Disposed of.
(RAHUL BHARTI) JUDGE SRINAGAR
01.04.2026
Opinder
Whether the judgment is speaking : Yes / No
Whether the judgment is reportable : Yes / No