Repeat drug offender can’t escape preventive detention: DB
17/09/2025
Jammu, Sep 16: The High Court of Jammu & Kashmir and Ladakh at Jammu has upheld the preventive detention of a Rajouri man under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PIT NDPS), ruling that habitual offenders cannot escape detention when ordinary law fails to restrain them.
A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal dismissed the appeal filed by Ajaz Ahmad, lodged in District Jail Dhangri, against the October 2024 detention order. The appeal was filed through his wife, Nusrat Jaan, challenging the Writ Court's earlier decision that had upheld his detention.
The court observed that Ahmad was first booked in 2020 for possessing 350 grams of charas and later again in 2024 for heroin possession. Despite being released on bail, he allegedly continued indulging in similar offences, which, the judges said, justified his detention.
Rejecting his plea that there was an unexplained delay of seven months in issuing the detention order, the Bench noted that the order followed soon after his release on bail and could not be termed excessive. It also found that all requisite documents, including grounds of detention, had been duly supplied to him, as proved by his own signed receipt.
The court concluded that preventive detention was warranted, emphasizing that repeat involvement in drug trafficking posed a continuing threat to society and could not be curbed by ordinary penal measures alone.
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