- In Riyaz Ahmad Mir V Union Territory of J&K & Ors, the Jammu and Kashmir and Ladakh High Court quashed an order regarding preventive detention against a person who was already facing a trial in a similar case and a similar accusation.
- The Divisional Commissioner, Kashmir issued the Detention Order with a view to prevent the accused petitioner from committing acts within the meaning of Illicit Traffic under Narcotic Drugs and Psychotropic Substances Act, 1988.
- A Single Judge Bench comprising Justice M. A Chowdhary while quashing the detention order, observed that even when a person is in police custody, preventive detention orders can be passed against him. However, there must be compelling reasons for the authority to do so.
- The said authority is bound to record the reasons as to why the detenu could not be prevented from indulging in illegal activities by resorting to normal law.
- In this case, the petitioner filed a plea before the Court and submitted that since he had already been detained in a similar matter under the NDPS Act and was already facing a trial, a detention order cannot be passed against him.
- Subsequently, he approached the competent Court for bail and argued that the detaining authority had the knowledge about the detenu and still chose to not disclose this fact and this indicates non-application of mind of the detaining authority.
- The petitioner further argued that the detaining authority had not even prepared any grounds of detention and solely relied on upon the findings of the police.
- The Hon'ble Court upheld the petitioner's contentions and held that the fact that the petitioner was already in custody in connection with cases under NDPS Act and subsequently admitted on bail has not been mentioned by the detaining authority and this non-application renders the detention order ultra-vires.
- Accordingly, the Court allowed the petition and quashed the detention order.
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