MAHAVIR SINGH @ APPU Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner, through the medium of the present petition, has challenged Order No. PITNDPS 40 of 2025 dtd. 27/6/2025 (hereinafter to be referred to as "impugned order of detention") issued by respondent No. 2-Divisional Commissioner, Jammu whereby while exercising powers under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter to be referred to as "PITNDPS"), the detaining authority has ordered preventive detention of the petitioner.

(2.) The petitioner has challenged the impugned order of detention on the grounds that the same has been passed without application of mind. It has been contended that the impugned order of detention has been passed with an objective, which is alien to the object contemplated by Sec. 3 of the PITNDPS Act. It has been further contended that there is no proximate and live link between the alleged incidents forming basis of the grounds of detention with the order of detention as a result of which the same becomes unsustainable in law. It has also been contended that the grounds of detention have not been explained to the petitioner in a language which he understands. It has been contended that order of detention and grounds of detention are nothing but reproduction of allegations made by the Sr. Superintendent of Police, Jammu in the dossier.

(3.) The petition has been contested by the respondents by filing counter affidavit of respondent No. 2-the detaining authority. In the counter affidavit, it has been contended that the petitioner, after getting bail in the cases in which he was booked, again involved himself in illicit trafficking of narcotic drugs, which was posing threat to the public order as well as to the health and welfare of the people. Accordingly, the detaining authority, after examining the dossier submitted by SSP, Jammu has drawn subjective satisfaction about the imperative need to pass the detention order against the petitioner. Consequently, the impugned order of detention was passed.