MANZOOR AHMAD KHAWAJA Vs. STATE

JUDGEMENT

(1.) Impugned is the order of detention bearing No. DIVCOM "K"?/168/2018 dated 16.08.2018, whereby the detenue has been taken into preventive detention under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

(2.) The order of detention is challenged by the detenue through the medium of this petition on the following grounds:-

(3.) Learned counsel for the detenue pleaded that the impugned order of detention or the grounds of detention formulated by the detaining authority does not indicate any compelling reason necessitating preventive detention of the detenue after he had already been taken in custody by the police for alleged commission of offence under Section 8/22 of the NDPS Act. Learned counsel, thus, submitted that preventive detention of the detenue is illegal for the same having been passed at a time when the detenue was in the custody of the authorities of the State.