Excelsior Correspondent
SRINAGAR, Dec 1: For not following the procedure while detaining a person for drug traffic under J&K Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (NDPS) by the authorities, High Court quashed the detention and directed for release of the drug peddler from custody.
Justice Ali Mohammad Magrey quashed the detention of one Farooq Ahmad Wani of Dooru Tangmarg, and directed his release from the preventive custody forthwith.
The preventive detention of the detenu-Wani was ordered by the 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.
Justice Magrey on examining the case of detenue-Wani on the touch stone of the law and perusal of record said, the detenu was not supplied the materials relied upon by the detaining authority and was provided material in the shape of grounds of detention with no other material / documents, as referred to in the order of detention.
“On these counts alone, in view of the above settled position of law, the detention of the detenu is vitiated, the detenu having been prevented from making an effective and purposeful representation against the order of detention”, Justice Magrey recorded.
Court said, the petitioner succeeded while challenging the detention on the ground of non furnishing the complete documents to him as such Other grounds urged do not therefore, need to be separately addressed.
“Accordingly, the detention order No. DIVCOM “K”/115/2020 dated 12.02.2020, passed by respondent no.2, is quashed and the detenu, Farooq Ahmad Wani son of Mohammad Hussain Wani resident of Druroo Tangmarg, is directed to be released from preventive custody forthwith”, Court concluded.
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