NAZIR AHMAD BHAT Vs. UT OF J&K

JUDGEMENT

(1.) 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"/172/2021 dtd. 25/9/2021, ordered detention of Nazir Ahmad Bhat S/o Ab. Aziz Bhat R/o Khellan Litter Pulwama (hereinafter referred to as the detenue).

(2.) The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind. It has been further contended that the Constitutional and Statutory procedural safeguards have not been complied with in the instant case. It has also been urged that the allegations made against the detenue in the grounds of detention are vague and that the detenue has been disabled from making an effective representation against his detention because the material, on the basis of which detention order has been passed, has not been provided him.

(3.) Upon being put on notice, the respondents appeared and filed their counter affidavit wherein they have refuted the contentions raised in the petition. It is contended by the respondents that they have followed the provisions of the Act of 1988. It is contended that the detenue has been detained only after following due procedure; that the grounds of detention were read over to the detenue; that there has been proper application of mind for detaining the detenue and that the detenue has been provided all the material. The learned counsel for the respondents also produced the detention records to lend support to the stand taken in the counter affidavit.