RAHIL MANZOOR MALLA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The Divisional Commissioner, Kashmir, in exercise of powers conferred under Sec. 3 of the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as "Act of 1988"), has, vide order No. DIVCOM-"K"/164/2021 dtd. 10/9/2021, ordered detention of Shri Rahil Manzoor Malla S/o. Manzoor Ahmad Malla R/o Meerak Shah Colony, Habak Srinagar (hereinafter referred to as the detenue).

(2.) By the instant petition, veracity and legality of the impugned detention order has been challenged by contending that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the grounds of detention are vague, nonexistent on which no prudent man can make a representation against such allegations. It has been further contended that the Statutory procedural safeguards have not been complied with in the instant case, inasmuch as whole of the material has not been provided to the petitioner. It has been further urged that there has been non-application of mind on the part of detaining authority while passing the impugned detention order as the detenue was already admitted to bail in the FIR, mention whereof has been made in the grounds of detention.

(3.) The respondents, in their counter affidavit, have disputed the averments made in the petition and insisted that the activities of detenue are highly prejudicial to the security of the State. It is pleaded that the detention order and grounds of detention along with the material relied upon by the detaining authority were handed over to the detenue and the same was read over and explained to him. That the grounds urged by the petitioner are legally misconceived, factually untenable and without any merit. To substantiate their stand taken in the counter affidavit, the respondents have produced the detention record.