SHEIKH MURTAZA Vs. UT OF J&K

JUDGEMENT

(1.) The Divisional Commissioner, Kashmir detained Sheikh Murtaza alias Raja Mukka, S/o Ghulam Ahmad Sheikh, R/o Gurgari Mohalla Zainakdal vide order No. DIVCOM-"K"/123/2023 dtd. 31/7/2023 in exercise of the powers vested in him under Sec. (3) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The impugned order of detention has been assailed by the detenue through his father.

(2.) The detaining authority had detained the detenue on the dossier submitted by the Senior Superintendent of Police, Srinagar, on the allegation that the detenue was involved in FIR No. 48/2023 under Sec. 8/21-22 of NDPS Act, registered in Police Station Bemina. It was observed that the detenu has become an active member of the drug mafia and is determined to ruin the lives of the younger generation by peddling drugs to them. Therefore, to prevent from further committing any offence under the provisions of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, the detenue was detained under the Public Safety Act.

(3.) The order of detention has been assailed by the detenue on the grounds that: -