MUSHTAQ AHMAD BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) Divisional Commissioner, Kashmir, in exercise of powers conferred under Sec. 3 of the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as "Act of 1988"), has ordered detention of Mushtaq Ahmad Bhat S/o Mohammad Sultan Bhat R/O Bazipora Ajas District Bandipora (hereinafter referred to as the detenue), vide order No.DIVCOM"K"/26/2016 dated 10.03.2016. The order has been confirmed and the detenue detained for a period of six months in the first instance, as such, lodged in District Jail, Kathua. Before the expiry of six months, the period of detention has been extended for a further period of six months vide Govt. Order No.Home/PB-V/907/2016 dated 10.09.2016.

(2.) The order of detention has been challenged on various grounds, which include:

(3.) The object and scope of detaining a person under Sec. 3 of the "Act of 1988", is to prevent him from committing any of the acts within the meaning of "Illicit Traffic" as defined in clause (c) of Sec. 2 of the Act, which reads as under: