FIDA HUSSAIN BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) The preventive detention of the detenu, ordered by the respondent no.2 (Divisional Commissioner, Kashmir) in exercise of the powers vested in him under Section 3 of the J&K Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for brevity "PITNDPS'), is the subject matter of challenge in this petition for habeas corpus.

(2.) Before taking note of the grounds of challenge taken in this petition to assail the impugned order, it would be appropriate to give brief resume of the activities of the petitioner-detenu, which have led him to preventive detention. As is born out from the grounds of detention served on the detenu, he is a habitual indulgent in the trade of narcotics and psychotropic substances. The detenu was selling drugs to the young generation in Kulgam District and thereby making the young people who are future of the nation as drug addicts. The detenu was involved in a case FIR No. 171/2018 U/s 8/20 NDPS Act registered at Police Station Qazigund. On 26.07.2018 during the checking of vehicles an Alto Car bearing Registration No. JK)3E 2984 coming from Kulgam to Qazigund was intercepted and a polythene bag carrying Brown Sugar was recovered from the detenu and other associates. During the investigation, the detenu's involvement was established and charge sheet was produced before the competent court of law on 13.09.2018. The detenu was bailed out in the above mentioned FIR and has repeated the same act and did not desist from indulging in illegal trade of Narcotic Drugs and Psychotropic Substances. The detaining authority after arriving at a satisfaction that the detenu is an incorrigible drug peddler, operating in an organised and well-planned manner and thereby posing serious threat to the life and health of the people, particularly younger generation and with a view to prevent the detenu from further committing the offence(s) under NDPS Act, the respondent no. 2 passed the order of detention bearing no. DIVCOM-'K'/83/ /2019 dated 13th June 2019, impugned in this petition.

(3.) The detenu through his wife has challenged the order of detention on the following grounds: