ASHIQ HUSSAIN MARAZI 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 (for short the Act of 1988), has ordered detention of Ashiq Hussain Marazi son of Abdul Hamid Marazi resident of Stadium Colony, Baramulla (hereinafter referred to as the detenue), vide order No. DIVCOM-"K772/2018 dated 11-10-2018. The validity has been challenged on various grounds, which include:

(2.) 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:

(3.) The detaining authority in the order of detention has also recorded as under: