ABDUL KHALIQ KHAN Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Impugned in this petition is an order of detention bearing No.DIVCOM-"K"/106/2019 dtd. 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 1/8/2019 in connection with FIR No.50/2019 under Sec. 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 20/12/2019 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.