SHIRAZ AHMAD LONE Vs. STATE

JUDGEMENT

(1.) Challenge to order No. Div Com."K"/PSA-23/2011, dated 20-4-2011, whereby Divisional Commissioner, Kashmir (hereinafter referred to as "Detaining Authority") has in exercise of powers under Section 3, J. & K. Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, ordered preventive detention of Shri Sheeraz Ahmad Lone son of Ghulam Mohammad Lone resident of Lone Mohalla Charligund Awantipora, District Pulwama (hereinafter called as "detenu"), is destined to succeed for the following reasons :

(2.) The detention order on the face of it does not indicate proper application of mind on part of the detaining authority. The detention order in the present case has been made to prevent the detenu from committing any of the acts within the meaning of "illicit traffic" and "maintenance of public order".

(3.) The grounds of detention, after detailing alleged activities of the detenu and alleging that the detenu indulged in dealing with illegal trade of narcotic drugs, make a pointed reference to case - FIR No. 33/2011 under Section 8/20, NDPS Act of Police Station Awantipora. It is apprehended that with a view to prevent the detenu from further committing any offence under the provisions of Illicit Traffick in Narcotic Drugs and Psychotropic Substance Act, the detaining authority felt persuaded to order preventive detention of the detenu. The detaining authority failed to appreciate that in view of embargo/restrictions on right to get the bail under Section 37, NDPS Act and the contraband alleged to have been recovered being a commercial quantity, there was no likelihood of the detenu being admitted to bail.