ANIT KUMAR Vs. UT OF J & K

JUDGEMENT

(1.) Divisional Commissioner, Jammu (hereinafter called 'Detaining Authority") in exercise of powers under Sec. 3 the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act 1988 (PIT NDPS Act) r/w SRO 247 of 1998 dtd. 27/7/1998, passed the detention Order No. PITNDPS 11 of 2022 dtd. 12/9/2022 (for short 'impugned order"), in terms whereof the petitioner namely Anit Kumar S/O Hem Raj Sharma R/O Village Latori Kundrorian Tehsil Katra District Reasi (for short 'detenue"), has been detained.

(2.) The impugned detention order has been challenged through the medium of the instant petition, being in breach of the provisions of Article 226 of the Constitution of India read with provisions of PIT NDPS Act.

(3.) It is being pleaded in the petition that the detention order so passed against the petitioner was not addressed to detenue which shows the callousness and non-application of mind on the part of the detaining authority-respondent No.2; that the detaining authority has not mentioned a word in the detention order with regard to the satisfaction drawn by it as to how it has come to the conclusion of passing the detention order. Furthermore, it is stated that the petitioner has not committed any offence nor he is involved in the commission of any offence under the NDPS Act which pose a serious threat to the health and welfare of the people, but the respondents without the application of mind and without considering the material on record had issued and passed the impugned detention order which is illegal, unjustified, unwarranted under law and as such the same is liable to be quashed. It is also the submission of learned counsel for the detenue that the order of detention and the connected documents annexed with the petition clearly show violation of right of the detenue guaranteed in terms of Article 22(5) of the Constitution of India and the provisions of PIT NDPS Act.