JAHANGIR AHMED DAR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) This intra court appeal has been preferred by the appellant Jahangir Ahmed Dar against the judgment/order dtd. 30/12/2022 passed by the learned Single Bench of this Court in a Writ Petition WP(Crl) No. 732/2022 titled 'Jahangir Ahmed Dar vs UT of J&K and Ors,' whereby his plea to quash Order No. DIVCOM-K/279/22 dtd. 19/10/2022 (for short 'detention order') passed in terms of the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act 1988 by the Divisional Commissioner Kashmir (hereinafter called 'the Commissioner').

(2.) The appellant/petitioner vide detention order dtd. 19/10/2022, had been directed to be detained in preventive custody, in terms of Sec. 3 of the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act 1988 by the Commissioner. The appellant/petitioner while challenging the order passed by the Commissioner had contented in his petition that he had been implicated falsely in case FIR No. 04/2021 for the commission of offences punishable under Sec. 8/20 NDPS Act and in that case he had been admitted to bail by the Court of learned 1st Additional Sessions Judge, Srinagar, besides plea that he was suffering from ailments of constipation and bleeding. The detention order was also assailed that the grounds of detention were vague on the basis of which no prudent man can make an effective representation and if the impugned order of detention is allowed to be executed, the same will result in grave economic crisis to the petitioner as he may loose his job; that no fresh activity as alleged in the grounds of detention and that the impugned order has been passed in hot haste.

(3.) The respondents filed their reply before the writ Court asserting that the appellant/petitioner was a hardcore drug peddler who had been instigating/motivating immature youth in his area to indulge in drug addiction and drug peddling and that in view of the past conduct of the appellant/petitioner having immoral and illegal criminal tendencies, he had been directed to be taken into preventive custody, with further allegation that he was trading in narcotic substances, sells the same to youth, drivers and college going students, as such, his activities were required to be curbed.