HC upholds PSA of alleged Narco Smuggler


JAMMU, May 14: Justice Sindhu Sharma of Jammu & Kashmir and Ladakh High Court upheld the order No. PITNDPS 47 of 2023 dated 03.10.2023, passed by the Divisional Commissioner, Jammu under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1998 read with SRO 247 of 1998 dated 27.07.1988 whereby the petitioner Gourav Khajuria was detained.
Justice Sindhu Sharma after hearing AAG Amit Gupta for the UT whereas Adv Narinder Kumar Attri for the applicant, observed that the Detaining Authority has observed that the detenue is continuously engaging in illicit trafficking in narcotic drugs and psychotropic substances which poses a serious threat to the health and welfare of the people and the young generation is affected by it. The Detaining Authority, after recording its subjective satisfaction, has passed the impugned order of detention.
Court further observed that the provisions, as contained in NDPS Act, state that if the detaining authority is satisfied to prevent any person from indulging in illicit trafficking in narcotic drugs and psychotropic substances, it would make an order directing that person to be detained. The detaining authority was aware that detenue was engaged in illicit trafficking of drugs and these acts were against the general public, therefore, making it necessary to detain the detenue. Court further observed that the detaining authority was satisfied that there was every apprehension that the detenue would indulge in illicit trafficking of narcotics drugs and psychotropic substances in case he is allowed to remain free and the satisfaction for detention is the prerogative of the detaining authority, therefore, the detaining authority has rightly exercised the same. The Detaining Authority has also shown its awareness to the bail granted to the detenue. The Detaining Authority thus arrived at its subjective satisfaction regarding its apprehension that the detenue might repeat and continuously engage in illicit trafficking of narcotic drugs and psychotropic substances. This satisfaction for detention is not subject to judicial review.
In view of the aforesaid, the Court does not find any ground to interfere in the impugned order of detention, thus, there is no merit in this petition and the same is, accordingly, dismissed.

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