MOHAMMAD OWAIS GUL Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Mohammad Owais Gul son of Ghulam Mohammad Bhat resident of Drangbal, Pampore (Pulwama) (for short 'detenu') has been, vide order No. DIVCOM-"K"/76/2023 dtd. 5/6/2023, issued by Divisional Commissioner, Kashmir-respondent No. 2 herein, ("Detaining Authority') placed under detention in terms of Sec. 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, (for short Act ), and lodged in Central Jail Kote Bhalwal, Jammu. The said order of detention has been assailed in the instant petition.

(2.) The case set up in the petition is that the detenue was falsely shown involved in the FIR No's 08/2020, 18/2021, of Police Station, Pampore for the commission of offences punishable under Sec. 8/20, Narcotic Drugs and Psychotropic Substances Act, (for short NDPS Act). It is maintained in the petition that the grounds of detention as formulated by the Divisional Commissioner, Kashmir have been incorporated in the dossier, prepared by the SSP Pulwama which ipso facto demonstrate complete non-application of mind on part of the Detaining Authority and that no compelling reasons have been assigned in the detention order. The detenue is stated to have been falsely implicated in the aforementioned FIR"s, when the detenue has no connection with the allegations levelled therein. It is stated that in both the FIR"s, detenue has been enlarged on bail by the competent court of jurisdiction. However, the detenue was illegally taken into custody and shifted to Kotbalwal Jail, Jammu on 9/6/2023 in terms of the impugned detention order. It is further stated that the relevant material has not been furnished to the detenue so as to enable him to make an effective representation. The material which has been furnished to the detenue is not sufficient for making the effective representation. Therefore, the constitutional rights guaranteed to the detenue stand infringed and for that reason also the detention of the detenue is legally bad and liable to be set aside.

(3.) It is further stated that although the petitioner has made a representation, no material has been furnished to the detenue so as to enable him to make an effective representation.