NAZIR AHMAD LONE Vs. STATE OF J&K

JUDGEMENT

(1.) Pursuant to order No.DIVCOM-"K"/33/2016 dated 18.04.2016, Nazir Ahmad Lone S/o Ab. Gani Lone R/O Khankah Midoora District Pulwama (hereinafter referred to as the detenue), has been detained on 23.04.2016. The order has been confirmed vide Govt. order No.Home/PB-V/411/2016 dated 17.06.2016, the period of detention in the first instance has been fixed as six months. On its expiry, period has been extended for six months vide Govt. order No.Home/PB-V/1672/2016 dated 21.10.2016 which period has to expire on 21.4.2017.

(2.) Detenue by now has been in custody for more than ten months. The maximum period of detention in such a case is one year.

(3.) First it is contented that the order of detention is bad for lack of application of mind. The contention carries weight to prevail because the detaining authority while exercising power under Sec. 3 of the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short hereinafter referred to as 'Act of 1988'), can detain a person so as to prevent him from committing the acts which fall within the meaning of "illicit traffic". The order impugned reveals that the same has been passed to prevent the detenue from committing the acts within the meaning of "illicit traffic" and "maintenance of public order". The words "maintenance of public order" as incorporated is beyond the scope of Sec. 3 of the 'Act of 1988' which in turn would mean that the detaining authority has not been alive to the basic provision.