HC upholds PSA of Narco Smuggler

27/04/2022

JAMMU, Apr 26: Justice Javed Iqbal Wani of Jammu & Kashmir and Ladakh High Court upheld the detention under PSA of Jahangir Ahmad Bhat who was involved in Narco Smuggling case.
In the instant writ petition challenge is thrown to detention order No. DIVCOM-"K7167/2021 dated 13.09.2021, (hereinafter for short theimpugned order) passed by respondent no. 2 (for brevity detaining authority), under and in terms of Section 3 of the J&K Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short the Act').
Justce Javed Iqbal Wani while dismissing the petition filed by petitioner observed that the detenu herein is involved in case FIR No.16/2015, arising out of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. During recent years variety of drugs of addiction have appeared, posing serious problems endangering the health and safety of the citizens seriously eroding the morale of the society. The multifarious impact of the narcotic drugs on a person coming thereunder are well known. Normally, such a person ceases to be a normal human being. Drug addiction eats into the vitals of the society, having a tendency to depersonalize those who consume them and reduce them to worthless freaks of nature. Adolescents constitute the first causality among the vulnerable sections. The involvement of the detenu in the commission of the offences relating to drugs, therefore, cannot be overlooked since such activities have substantially and considerably weighed with the detaining authority while drawing subjective satisfaction for passing the impugned order of detention against the detenu and, as such, the detaining authority in the facts and circumstances of the case cannot be held to have faulted in the matter, therefore, cannot be made a basis to conclude that the detention order is mechanically passed without the application of mind or the subjective satisfaction of the detaining authority. Furthermore, the spreading of the drugs in Kashmir Valley is becoming day by day a terrible menace which has completely destroyed the very fabric of our society and are eating into the vitals of our society, therefore, such activities are not ignorable, more particularly given the law laid down by the Apex Court that one act is enough to place a person under preventive detention not to speak of the present one.

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