VIKRAM SINGH Vs. UT OF J&K

JUDGEMENT

(1.) The challenge in this petition pertains to detention order No. PITNDPS 36 of 2023, dtd. 14/9/2023, issued by the Divisional Commissioner, Jammu. The detenu-Vikram Singh, S/o Hoshiyar Singh, R/o Lehar Sungal, Tehsil Akhnoor, District Jammu, was detained by the Detaining Authority on the ground that he is engaged in repeated illicit trafficking of Narcotic Drugs and Psychotropic Substances which poses a serious threat to the health and welfare of the people of Union Territory of J&K at large and with a view to prevent him from committing any act under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PITNDPS) Act, the detenu was detained under Sec. 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, vide order dtd. 14/9/2023. This order of detention has been assailed by the detenu through his wife-Nekha Devi.

(2.) The order of detention has been assailed by the detenu on the grounds that; (i) the order of detention has been passed without any application of mind on a mere apprehension of a serious threat to the health and welfare of people and the Detaining Authority has not arrived at any subjective satisfaction before passing the order of detention; (ii) the detenu was not informed about his right to make a representation against the detention order which is in violation of his right guaranteed under Article 22 of the Constitution; (iii) the grounds of detention have not been read over and explained to the detenu in the language he understands; (iv) the order of detention has been passed without any application of mind on irrelative and vague grounds; (v) all the material relied upon by the Detaining Authority has not been provided to the detenu; (vi) the order of detention is punitive in nature and grounds of detention are vague and stale, thus, the subjective satisfaction of the Detaining Authority is vitiated.

(3.) The respondents have filed their counter affidavit and produced the record of detention.