JAVID AHMAD GANIE Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of this petition, the petitioner seeks quashment of Order no. DIVCOM "K"/335/2022 dtd. 30/12/2022, passed by Divisional Commissioner, Kashmir - respondent no.2 (for short "detaining authority"), whereby detenu, namely, Javid Ahmad Ganie, S/o Gull Mohammad Ganie R/o Melhura Wachi, District Shopian, has been placed under preventive detention with a view to prevent him from committing any of the acts within the meaning of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short the "Act") and directing his lodgement in Central Jail, Kot Bhalwal, Jammu, precisely on the grounds that there is no live link between the last activity and the impugned order of detention inasmuch as FIR no.75/2017 and alleged activities therein have been taken into account by the detaining authority while passing order impugned, unmindful of the fact that detenu has been bailed out in the said FIR and that there have been no further activities alleged against detenu; that detenu has not been provided the material, such as, copy of dossier, copy of FIR and Statements of witnesses recorded under 161 Cr.P.C. relied upon by detaining authority.

(2.) Respondents have filed counter affidavit, insisting therein that the activities of detenu in indulging in narcotic trade are highly prejudicial and will cause adverse affect of drug abuse in the society and his remaining at large involves a great risk to the health and welfare of the people of the area.

(3.) I have heard learned counsel for parties. I have gone through the detention record produced by the counsel appearing for respondents and considered the matter.