JAFFER HUSSAIN SHEIKH Vs. UT OF J&K

JUDGEMENT

(1.) Through the instant petition filed under Article 226 of the Constitution of India, the petitioner seeks quashment of Detention Order No. DIVCOM "K"/204/2023 dtd. 27/12/2023 (for short 'impugned order') passed by respondent No.2-Divisional Commissioner Kashmir, under the provisions of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short, "PITNDPS Act"), whereby the detenue has been placed under preventive detention.

(2.) The impugned detention order has been assailed and sought to be quashed on the grounds that; the grounds of detention are riddled with absolute imprecision, ambiguity and vagueness and that the allegations mentioned therein have no nexus with the detenue and have been fabricated by the Police in order to justify its illegal action of detaining the detenue; that no reasonable and prudent person can effectively make a representation against the allegations or the detention order which is both unjustified and egregiously unreasonable; that besides the fact that a certain quantity of narcotics were seized from the possession of the vehicle the detenue was travelling, which falls well below the established commercial quantity, there is nothing else on record that would point out that the detenue has any affiliation with narcotics and drugs; that the respondents have failed to take into consideration the fact that the detenue was already been lawfully released on bail granted by the court of competent jurisdiction in a case registered vide FIR No.32/2023 under Sec. 8, 20 and 29 of NDPS Act; that the detenue was released on bail on 3/5/2023 and the respondents have issued detention order on 27/12/2023 i.e., after seven months, and thus, the fundamental concept of preventive detention is that it must be done urgently without any unnecessary delay, which delay shall hold the entire process as void and illegal.

(3.) The detaining authority-Divisional Commissioner Kashmir, in his counter affidavit, has controverted that grounds of challenge put up on behalf of the petitioner, on the grounds that, the preventive detention is designed to protect society and the fundamental concept of preventive detention is that it is not intended to punish someone for actions he had already taken, but rather to prevent him from taking such actions in future; that the detention order is based on a reasonable prediction of future behavior, considering the detainee's past conduct in light of the surrounding circumstances; that the detenue has transformed into a notorious illicit drug peddler, becoming the principal dealer of narcotic drugs and psychotropic substances in the Kupwara area; that the detenue is a hardcore drug peddler and is an active member of a larger drug mafia that is relentlessly involved in drug trafficking, not only in Kupwara but also in the surrounding areas; that the contraband seized in FIR No.32/2023 was sent to the FSL for verification, and the FSL confirmed that the same was 'charas'; that the detenue was granted bail in the said case but the bail order stipulated that the detenue shall not indulge in such activities while on bail; that the detenue continued to clandestinely engage in the drug trade; that the continuous activities of the detenue in peddling drugs and evading normal law have made it imperative to detain the detenue under the provisions of PITNDPS Act.