RUPESH KUMAR Vs. UT OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The petitioner (hereinafter referred to as the 'detenu') has challenged order dtd. 28/6/2021 passed by the Divisional Commissioner, Jammu ('Detaining Authority') whereby he has been taken into preventive custody in terms of Sec. 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as 'PITNDPS Act')

(2.) It is contended in the petition that the detenu has been taken into preventive custody on the basis of vague, irrational and arbitrary grounds. It is further stated that the detenu has not been furnished whole of the material on the basis of which the impugned order of detention has been passed which has prevented him from making an effective representation against the said order. It has also been contended that the detenu has not been informed about his right to make representation to the Advisory Board. The detenu has also contended that there has been unreasonable and unexplained delay in execution of impugned order of detention which renders the same unsustainable in law.

(3.) .The Respondents have filed a counter affidavit and resisted the petition by pleading that the petitioner is a habitual drug peddler and smuggler who is indulging in illicit traffic of narcotic drugs and psychotropic substances. It has been contended that the detenu poses a serious threat to the lives of young generation as well as to the economy of the country. It is further contended that detenu is involved in as many as 4 FIRs for various offences under NDPS Act in which he been granted bail and, as such, it was necessary to detain him to prevent him from indulging in similar activities. It is further contended that the petitioner was absconding and evading his arrest, as a result of which, the warrant of detention could not be executed until 30/1/2022.