Jammu & Kashmir High Court – Srinagar Bench
Adil Hamid Alias Adil vs Union Territory Of J And K And Ors on 24 February, 2026
S. No. 150
Regular list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
HCP 74/2025
ADIL HAMID ALIAS ADIL Petitioner(s)...
Through: Mr. Sheikh Mushtaq, Adv.
Vs.
UNION TERRITORY OF J AND K AND ORS. ...Respondent(s)
(HOME)
Through: Mr. Faheem Shah, GA vice
Mr. Mohsin Qadri, Sr. AAG.
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI JUDGE
ORDER
24.02.2026
1. The petitioner-Adil Hamid aged 25 years, acting through his
wife Sumaira Farooq, came to petition this court on
29th April, 2025, thereby seeking a writ of Habeas Corpus for
quashment of his preventive detention custody and restore his
personal liberty being a constitutionally guaranteed
fundamental right.
2. The Senior Superintendent of Police (SSP) Srinagar, by virtue
of a Communication NO. LGL/Det-PIT/2025/7334-37 dated
22nd February, 2025, submitted a dossier to the respondent
No. 2-Divisional Commissioner Kashmir, thereby seeking
preventive detention of the petitioner on account of alleged
activities on the part of the petitioner falling within the scope
of mischief under Prevention of Illicit Traffic in Narcotic
Drugs and Psychotropic Substances Act, (PIT NDPS) 1988.
3. Acting on said dossier of Senior Superintendent of Police,
(SSP) Srinagar, the respondent No. 2-Divisional
Commissioner, Kashmir, took more than one month for the
purpose of according consideration from his end to finally
come up with Detention Order No. DIVCOM-“K”/52/2025
dated 24th March 2025 thereby ordering the preventive
detention of the petitioner so as to prevent him from
committing any of the acts within the meaning of Illicit Traffic
in Narcotic Drugs and Psychotropic Substances Act 1988, with
word “Prevention of” omitted in the said order of detention.
4. Petitioner was directed to be arrested and detained in Central
Jail Kot Bhalwal, Jammu for a period to be specified by the
Government/Advisory Board.
5. The basis of passing the detention order No.
DIVCOM “K”/52/2025 dated 24th March 2025 was the
grounds of detention formulated by the respondent No.
2-Divisional Commissioner, Kashmir.
6. In the grounds of detention, the petitioner came to be referred
as a notorious illicit drug peddler becoming principal dealer of
narcotics and psychotropic substances in the ‘unmentioned’
area, developing contacts with drug peddlers operating in
‘unmentioned’ area and indulging in sale and dealing of drugs
among the youth of ‘unmentioned’ area having an adverse
impact on the younger generation by continuously exposing
the young and gullible/immature minds, including school-
going children, into the heinous world of drugs and making
them habitual addicts. The petitioner came to be referred as a
part of larger drug mafia operating not only locally but across
the district, thereby posing a grave threat to the health and
wealth of residents of district Srinagar.
7. The petitioner’s involvement in a criminal case under FIR No.
48/2022 under section 8/20,21 NDPS Act of Police Station,
Shergarhi, with arrest of petitioner possessing 14.2 grams of
Heroin and 50 grams of Charas, came to be referred. The
aspect of bail of the petitioner by reference to said FIR also
finds mention in the grounds of detention.
8. Thus, by the aforesaid reference to his alleged activities, the
petitioner’s preventive detention order was said to be resting
on the grounds of detention so formulated by the respondent
No. 2-Divisional Commissioner.
9. Upon his arrest and detention, the petitioner, acting through
his wife, submitted a written representation dated 19th April
2025 addressed to the Commissioner/Secretary to
Government, Home Department and to the Respondent No. 2-
Divisional Commissioner Kashmir putting up a case for
revocation of the detention so inflicted upon the petitioner.
10. The representation was duly sent through registered
postal notices addressed to the aforesaid two authorities on
21st April 2025 which came to be duly delivered as is borne
out from tracking report.
11. Upon institution of this writ petition, this court in terms of its
very first order dated 2nd May 2025 came to issue
post-admission notice to the respondents for filing of
counter-affidavit.
12. On 8th July 2025, appearance on behalf of the respondents
came to be caused by the Assistant Counsel whereupon
repeated adjournments came to take place for the purpose of
filing of counter-affidavit to the writ petition which never
came forth from the end of the respondents for reasons best
known to them despite this court in terms of order dated 4th
November 2025 affording last and final opportunity to the
respondents to file counter-affidavit failing which right to do
the same was to stand closed which actually came to be
closed in terms of order dated 8th December 2025.
13. Thus, the averments made in the writ petition by the
petitioner have gone uncontroverted which per se renders the
petitioner entitled to earn quashment of his preventive
detention, particularly keeping in mind the fact that he is left
with a month or so of his remaining detention period,
whereas majority of the detention period came to be lost
awaiting filing of counter affidavit from the end of the
respondents, whereas on his part the petitioner had come
forward with the institution of the writ petition within one
month of commencement of his detention custody.
14. In view of the aforesaid, the writ petition is allowed.
Preventive Detention Order No. DIVCOM-“K”/52/2025
dated 24.03.2025 passed by the respondent No. 2-Divisional
Commissioner Kashmir, read with confirmation/approval
order, if any passed by Government of U T of J&K Home
Department is/are quashed.
15. The petitioner is directed to be released to his personal liberty
by the Superintendent of the concerned jail forthwith
16. Disposed of.
(RAHUL BHARTI)
JUDGE
SRINAGAR
24.02.2026
Hilal
