TALIB HUSSAIN SHAH Vs. STATE OF J&K

JUDGEMENT

(1.) Impugned in this petition is the order of detention bearing No.DIVCOM-"K"/134/2020 dated 01.06.2020, passed by Divisional Commissioner, Kashmir, (the detaining authority), whereby Mr. Talib Hussain Shah (the detenue) has been ordered to be detained in preventive custody with a view to prevent him from committing any of the acts within the meaning of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (the Act of 1988). The impugned order has been assailed by the detenue through his father, namely, Bashir Ahmad Shah, on various grounds which I shall advert to after briefly noticing the facts leading to the passing of the impugned order of detention.

(2.) Senior Superintendent of Police, Kupwara, vide his letter No.Pros/Dos-06/2020/12527-30 dated 27.04.2020, submitted record of activities of the detenue in the shape of dossier to the detaining authority. In the dossier the information provided to the detaining authority, inter alia, included that the detenue, who is a resident of Village Harkarpora Awoora and has read up to 12th class, has been indulging in illicit trafficking of drugs and psychotropic substances. The activities detenue has been indulging in over a period of time have posed a serious threat to the health and welfare of the people especially the youth of District Kupwara. The detenue was apprehended by the personnel of Police Post, Awaoora, on 16th of September, 2019 and was found in possession of "Charas" weighing 160 grams which he had obtained through illegal sources. A case FIR No.45/2019 under Section 8/20 NDPS Act was registered in Police Station, Trehgam. It is further stated that during the course of investigation, statements of witnesses were recorded and the samples seized were got examined from FSL, Srinagar. It was found that the contraband seized was "Charas". The detenue, however, got bail from the competent court of law in the aforesaid case. It is further stated that on 25 th of February, 2020, the detenue was once again apprehended by the police personnel of Police Station, Kupwara during Naka Checking at General Road, Gulgam, and was found in possession of contraband (Charas) weighing 400 grams which too had been obtained by him through illegal sources. Case FIR No.35/2020 under Section 8/20 NDPS Act was registered in Police Station, Kupwara. It is submitted that the investigation in the matter has been conducted and the expert opinion from FSL alone is awaited. The detenue, however, was bailed out by the competent court of law in the aforesaid FIR as well. On the basis of two occurrences in which the detenue was caught with contraband, the police concluded that the detenue was a committed drug trafficker and his activities if not checked would destroy generation of youth. Accordingly, the police recommended that in view of activities of the detenue, it was imperative to put him under preventive detention.

(3.) Acting upon the aforesaid dossier supplied by the police along with other connected documents/material, the detaining authority recorded its satisfaction that given the activities indulged in by the detenue, it was necessary to detain him in preventive detention to prevent him from committing the offences under NDPS Act. Invoking Section 3 of the Act of 1988, the detaining authority directed detention of the detenue with a direction to lodge him in District Jail, Anantnag, for a period to be specified by the Government/Advisory Board.