AJAZ AHMAD Vs. UT OF J&K

JUDGEMENT

(1.) Challenge is made in the instant petition to the order No. DIVCOM 'K"/110/2023 dtd. 27/7/2023 of Divisional Commissioner, Kashmir' respondent No.2 herein, whereby one Ajaz Ahmad Gojri @ Ajaz Mughal Son of Noor Din Gojri Resident of Malpora Pattan District, Baramulla (herein after referred to as 'detenue') has been placed under preventive detention, on the grounds taken in the memo of petition. BRIEF FACTS

(2.) Precisely, the preventive detention of the detenue finds its origin in case FIR No.179/2023 punishable under Sec. 8/20 NDPS Act, of Police Station Pattan, in terms whereof, the detenue has been termed as a drug peddler and a member of drug mafia. It is pertinent to point out that the Detaining Authority, in the grounds of detention, after detailing out background in which aforesaid case was registered against the detenue, proceeds to opine:-

(3.) The challenge to the impugned detention order is primarily made on the grounds that the copy of the police dossier, FIR, Investigation reports, seizure memos and the connected documents have not been furnished to the detenue to enable him to make an effective representation against his detention. The representation made by the wife of the detenue on 21/8/2023, before the Divisional Commissioner, Kashmir, has not been decided by the respondents. The detenue has been enlarged on bail by the court of learned 1st Additional Sessions Judge, Baramulla, in the aforesaid FIR in terms of order dtd. 14/7/2023 which factum has not been taken into consideration by the detaining authority.