GOURAV KHAJURIA Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India by challenging the legality, propriety and correctness of impugned detention order No. PITNDPS 47 of 2023 dtd. 3/10/2023, passed by the Divisional Commissioner, Jammu under Sec. 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1998 read with SRO 247 of 1998 dtd. 27/7/1988.

(2.) Divisional Commissioner, Jammu, has detained Gourav Khajuria S/o Prem Nath Khajuria R/o House No. 91, Peerkho, Jammu, under Sec. 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 read with SRO 247 dtd. 27/7/1988 to prevent him from committing any act within the meaning of illicit trafficking. The order of detention has been challenged by the detenue through his mother-Suman.

(3.) The detention of the detenue has been ordered on the ground that he is engaged in sale and purchase of illicit trafficking in Narcotic Drugs and Psychotropic Substance which poses a serious threat to the health and welfare of the people. As per the dossier of the Sr. Superintendent of Police, Jammu, the detenue was involved in FIR No. 74/2023 registered u/s 8/21/22 NDPS Act at Police Station, Pacca Danga, Jammu and FIR No. 73/2023 registered u/s 8/21/22 NDPS Act at Police Station, Pacca Danga, Jammu.