HC upholds detention under PSA of Narco Smuggler

02/02/2023

Jammu, Feb 1: The Jammu & Kashmir and Ladakh High Court upheld the detention order passed by No. PIT NDPS-4 of 2022 dated 25.04.2022 passed bycrespondent No.2-Divisional Commissioner Jammu alongwith the proceedings conducted under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act 1988 r/w SRO 247 of 1998 dated 27.07.1988 whereby Daljeet Singh of Kathua placed under detention.
Justice Mohan Lal while dismissing the petition, observed that In the present case the petitioner has been involved in many criminal activities and against him five (05) FIRs viz; (i) FIR No. 93/2016, (ii) FIR No. 12/2017, (iii) FIR No. 142/2017, (iv) FIR No. 214/2018 and (v) FIR No. 157/2019 under various Sections of the NDPS Act have been registered in different police stations in District Kathua. FIR No. 93/2016 U/S 8-B/21/22 NDPS Act is registered with Police Station Kathua and recovery of 10gms of Heroin has been affected from the petitioner, in FIR No. 12/2017 U/S 8/21/22 NDPS Act registered with Police Station Lakhanpur recovery of 4.50 gms of Heroin has been affected from the petitioner, in FIR No. 142/2017 U/S 8/21/22 NDPS Act registered with Police Statio, Kathua recovery of 06 gms of Heroin has been affected from the petitioner, in FIR No. 214/2018 U/S 8/21/22 NDPS Act registered with Police Station Rajbagh (Kathua) recovery of which 05 gms of heroin has been affected from the petitioner whereas in FIR No. 157/2019 U/S 8/21/22 NDPS Act of P/S Kathua recovery of 9.35 gms of Heroin like substance has been affected from the petitioner. From the bare perusal of the FIRs and the allegations therein against the petitioner, it is discernable, that the petitioner is a hardcore criminal, has become a terror figure among the people of the area, the actions taken against him under ordinary law from time to time have not been proved to be deterrent. It seems that petitioner/detenue instead of mending his ways has continuously been indulging in criminal activities and has not shown any respect for the law of the land, as such, the petitioner/ detenue has created a sense of alarm, scare and a feeling of insecurity in the minds of the public of the area, has become a chronic fear amongst the people of the area. Thus, the activities of the petitioner are of hardcore criminal and habitual of indulging in acts of illicit traffic in Narcotic Drugs and Psychotropic Subst-ances cases.
The record so produced reveals that the petitioner/ detenue has been indulging in illegal trade in an organized manner, which is a great threat for sustaining the conservative values of the society and the drug trafficking also possess great threat to the society for the reason that the proceeds of the drug sale can be utilized for financing of other criminal activities, hence, petitioner has been rightly detained by Respondent No. 2. JNF

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