ASHIQ HUSSAIN GANIE Vs. STATE OF J&K

JUDGEMENT

(1.) Divisional Commissioner, Kashmir, in exercise of powers conferred under Section 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 Ashiq Hussain Ganie S/o Late Khazir Mohammad Ganie R/O Khanbal Tehsil Handwara (hereinafter referred to as the detenue), vide order No.DIVCOM"K"/ 55/2017 dated 05.06.2017. The order has been confirmed vide Government order No.Home/PB-V/1490 of 2017 dated 31.07.2017 and the detenue detained for a period of one year, as such, lodged in District Jail, Anantnag.

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

(3.) The object and scope of detaining a person under Section 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 Section 2 of the Act, which reads as under: