SARTAJ AHMAD GANAI Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Petitioner in the instant petition has been taken into preventive custody under Sec. 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short 'the Act') in terms of the order of detention bearing No. DIVCOM"K"/210/2022 dtd. 18/3/2022 (for short 'the impugned order), passed by Divisional Commissioner Kashmir (for short 'detaining authority').

(2.) The order of detention is challenged by the detenue through the medium of this petition and is sought to be quashed on the following grounds:-

(3.) Counter affidavit stands filed by the respondents, resisting the petition. It is contended that the impugned order of detention does not suffer from any malice or legal infirmity, inasmuch as safeguards provided under the Constitution as also the rights of the detenue have been followed while ordering his detention, as such, challenge thrown to the impugned order of detention is not sustainable, hence on this score the instant petition merits dismissal. It is contended that the detenue has been detained with a view to prevent him from indulging in illegal trade of illicit traffic in Narcotic Drugs and Psychotropic Substance after satisfying that the detenue is a great threat for sustaining the conservative values of the society. In the instant case there is enough material against the detenue which is highly suggestive of the fact that the normal law of the land is not sufficient to prevent him from continuing with his anti-social activities and, it is evident that the detenue is highly motivated and is not likely to desist from anti-social and unlawful activities.