IQBAL JAFFER DAR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Challenge in this petition has been thrown to the detention Order No. DIVCOM-"K"/199/2022 dtd. 24/2/2022 passed by respondent No. 2 under Sec. (3) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short, PITNDPS Act), vide which, the detenue has been directed to be detained and lodged in Central Jail, Kote Balwal, Jammu for a period to be specified by the Government/Advisory Board.

(2.) The detenue, through his father, Sh. Mohd. Abdullah Dar, the petitioner, has invoked writ jurisdiction of this Court for the issuance of appropriate writ in the nature of Habeas Corpus for his production in the Court as also issuance of a writ of Certiorari for the quashment of detention order, impugned in the present petition.

(3.) The petitioner has questioned the impugned detention order primarily on two grounds that detenue has been bailed out in both the FIRs viz. FIR No. 323 of 2020 under Sec. s 8/22 of The Narcotics Drug and Psychotropic Substances Act, 1985 (for short, NDPS Act) and FIR No. 388 of 2021 under Sec. s 8/21 of the NDPS Act, on the basis of which, impugned detention order has been passed against him and that the respondent-detaining authority has not reflected any compelling circumstance or immediate necessity or apprehension which prompted it to detain the detenue under the preventive detention law.