NEK RAM Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner herein has invoked the extraordinary writ jurisdiction of this Court enshrined in Article 226 of the Constitution of India seeking quashing of order of detention No PITNDPS 52 of 2024, dtd. 21/12/2024 issued by Divisional Commissioner, Jammu-respondent 2 herein (for short, the "detaining authority") under and in terms of provisions of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988 (hereinafter referred to as the, "Act of 1988").

(2.) The petitioner herein has urged the following grounds in the petition for seeking quashing of the impugned order.

(3.) Counter affidavit has been filed to the petition by the detaining authority, wherein the petition is being opposed on the premise that none of the constitutional, legal or statutory right of the petitioner have been infringed or violated by the answering respondents, entitling the petitioner to invoke extraordinary writ jurisdiction of this Court. It is also stated that the petition is grossly misconceived and without any legal foundation, as such, merits outright dismissal, more so, in absence of any infringement of constitutional, legal or statutory right of the petitioner by the answering respondents. It is further stated that a dossier in respect of the petitioner dtd. 17/12/2024 came to be submitted by the Senior Superintendent of Police, Kathua/respondent 3 herein to the detaining authority and after examining the same and relevant record attached thereto deemed it imperative to detain the petitioner under the Act of 1988, as the petitioner after getting bail in FIRs' he was involved having committed the offences under Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988, posed a serious threat to the public order and health and welfare of the People and since ordinarily law failed to deter him from indulging in the said activates in Drugs, the preventive detention of the petitioner was ordered. It is further stated that at the time of the execution of the detention order, the petitioner came to be provided all relevant documents by the executing officer including the detention order, grounds of detention with total (76 leaves) and also came to be explained the same in English, Hindi and Dogri, the language he understood and was also informed about his right to make a representation before the Government and the detaining authority against his detention. It is being further stated that after issuance of the order of detention, same came to be confirmed by the Home Department on 13/1/2025 after seeking an opinion from the Advisory Board furnished by it on 21/1/2025.