IMTIYAZ AHMAD BHAT Vs. UNION TERRITORY OF JAMMU

JUDGEMENT

(1.) The petitioner came to be detained on 4/9/2023, pursuant to the order of detention bearing No. DIVCOM-"K"/119/2023 dtd. 27/7/2023 issued by the Respondent No. 2 - Divisional Commissioner, Kashmir, under Sec. (3) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances, Act, 1988.

(2.) The petitioner has assailed the order of detention mentioned above on the traditional grounds that the material relied upon by the Detaining Authority was not provided to the petitioner, the Detaining Authority has not applied its mind while issuing the order of detention, and the grounds of detention are vague and bereft of specific details, rendering the petitioner unable to make an effective representation against the order of detention. Simultaneously, it is also pleaded by the petitioner that petitioner had submitted a representation to the Respondent No. 2 on 25/10/2023 but the same was not decided by the Respondent no. 2.

(3.) After they were put to notice, the respondents have filed the reply, stating therein that the petitioner who has read up to 9th class, is a driver by profession and was found to be involved in drug trafficking, thereby posing a serious threat to the health, welfare and peace of the people in the area. He was arrested by the police in FIR No. 105/2023 under Secs. 8/20-29 of NDPS, Act of Police Station, Handwara, and at the time of arrest, 85 grams of contraband i.e. charas like substance was recovered from his possession and as per the report of the FSL, Srinagar, the contraband was found to be 'charas'. It is further submitted that petitioner's activities i.e. indulging in narcotic trade, were highly prejudicial and causing adverse effects in the society, as such, the petitioner was ordered to be detained in accordance with Act. It is also averred that the petitioner started motivating youth for consumption of drugs to increase his earnings and he is an active member of the drug mafia. The petitioner, in fact is luring the teen-aged youth and schoolgoing children into menace of drugs. It is also stated that all statutory requirements and constitutional guarantees have been fulfilled/complied with by the Detaining Authority and in compliance to the detention order, the warrant was executed by the Executing Officer and the petitioner was handed over to Superintendent of Police, Central Jail, Kotebhalwal, Jammu for lodgment. The contents of the detention order/warrant and the grounds of detention were read over and explained to the petitioner in the language which he fully understood and in lieu whereof, the petitioner put his signatures on the Execution report/order. The petitioner was also informed of his right to make a representation to the Detaining Authority or to Government against his detention. It is further stated that opinion of the Advisory Board was also obtained and after perusing/examining the record of the case, the detention of the petitioner was confirmed by the Government vide Order No. Home/PB-V/2319 of 2023 dtd. 6/10/2023 and the petitioner was ordered to be detained for a period of one year. It is also the stand of the respondents that the material including copies of the order detention and the grounds of detention, dossier and copies of FIR and other relevant material, were provided to the petitioner to enable him to make a representation. The respondents admitted the filing of representation by the petitioner against his detention by asserting that filing of representation by the petitioner is a matter of record.