BILAL AHMAD GANIE Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of this writ petition, the petitioner prays for quashment of detention Order No.DIVCOM-"K"/180/2021 dtd. 24/12/2021, passed by Divisional Commissioner, Kashmir, whereby detenu, namely, Bilal Ahmad Ganie S/o Sonaullah Ganie R/o Batpora, Hayhama, Kupwara, has been placed under preventive detention with a view to prevent him from committing any of the acts within the meaning of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short Act of 1988), on the grounds made mention of therein.

(2.) The grounds of challenge, inter alia, stated and averred by petitioner in the instant writ petition are that procedural safeguards, envisaged under the Constitution of India and in terms of the Act of 1988 have not been complied with by respondent no.2 while ordering detention of detenu; that there is a clear non-application of mind on the part of detaining authority inasmuch as detention order has been passed carelessly and with non-application of mind as detaining authority has copied the sec. and has not specifically mentioned under which clause or sub-clause of Sec. 3 of the Act of 1988, detenu was to be detained; that there is no proximity between two FIRs for one is filed under NDPS Act in the year 2016 and the other under Sec. 457/380 IPC in the year 2021, which manifests clear non-application of mind; that respondent no.2 has detained detenu under the provisions of Public Safety Act on the basis of material placed before him by Senior Superintendent of Police, Kupwara; and that post detention, a representation was filed by detenu through his father, which was not considered by respondents.

(3.) Respondents have filed Reply Affidavit in opposition to writ petition, in which it is insisted by them that detenu is involved in illegal trade of illicit traffic in narcotic drugs and psychotropic substances.