SHAKEEL AHMAD BHAT Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Detenu, Shakeel Ahmad Bhat, son of Ghulam Ahmad Bhat resident of Moti Mohalla, Shalimar, Srinagar through his wife seeks quashment of detention order no. Divcom/k/148/2020 dated 05.10.2020 purporting to have been passed by Divisional Commissioner, Kashmir, Srinagar, with consequent prayer for release of the detenu forthwith.

(2.) Before adverting to the grounds of challenge taken by the petitioner to assail the impugned order, it would be appropriate to briefly notice the grounds of detention on the basis of which the preventive detention of the petitioner has been ordered.

(3.) It is submitted that the preventive detention has been ordered by the detaining authority strictly in terms of section 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic substances Act 1988 with a view to prevent detenu from indulging in such activities. The grounds of detention narrates whole sequence of events leading to the involvement of the petitioner in the aforesaid FIR no. 05/2019. The detaining authority, on the basis of dossier of activities supplied by the police and after going through the allegations contained in said FIR, arrived at satisfaction passed the detention on the ground that there was every likelihood, that the detenu may indulge in subversive activities if he is admitted to bail by the competent Court and, therefore, it was imperative to put him under preventive detention. It is in the aforesaid backdrop, the impugned order of detention is passed by the detaining authority.