Excelsior Correspondent
Srinagar, Jan 25: High Court has upheld the detention order of a drug peddler citing that involvement in drug trafficking leads to threat to national security and quashed other two with the direction to the authorities to release the duo.
Justice V C Koul has upheld the detention order of Shahid Ahmad Bhat. Bhat (Petitioner) the resident of Brazloo Jageer District Kulgam has been put under PSA by the Divisional Commissioner Kashmir vide order dated 18.04.2024 to prevent him from committing any of the acts within the meaning of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (NDPS) Act.
His counsel contended before the court that the detaining authority has not attributed any specific allegation against Bhat (detenue) and that vague allegations have been levelled against him and also the detaining authority has not assigned any compelling and cogent reason for passing order of detention and has not specified the authority before whom the representation has to be made nor has detaining authority informed detenue to make representation to him before the order could be approved or confirmed by the Government.
Justice Koul while dismissing the plea of detenue-Bhat said that the submissions advanced by his counsel are misconceived as the perusal of grounds of detention reveals the compelling and cogent reasons have been given by detaining authority to pass order of detention and selling and dealing in drugs among youth of the area which has adverse impact on the younger generation.
“It is also mentioned in grounds of detention that detenue is selling drugs among youth of the area which has adverse impact on the younger generation and he is continuously exposing young and gullible/immature minds including school going children into the heinous world of drugs and making them habitual addicts”, the court said.
Justice Koul reiterated that the laws suggest that an individual’s conduct, prejudicial to maintenance of public order, security of State, preservation of forest wealth, preventing a person from engaging in illicit traffic in narcotic drugs and psychotropic substances, provides grounds for satisfaction for a reasonable assessment of possible future manifestations of similar propensities on the part of the offender. The object of the law of preventive detention is not punitive, but is only preventive.
“Involvement of various terrorist groups and syndicates in drug trafficking leads to threat to the national security and sovereignty of States by way of Narco-terrorism. Drug trafficking and abuse has continued its significant toll on valuable human lives and productive years of many persons around the globe. Due to India’s close proximity with major opium growing areas of the region, India is facing serious menace of drug trafficking and as a spill-over effect, drug abuse especially among the youth is a matter of concern for us”, read the judgment.
The court has quashed the detention orders of Javaid Ahmad Gojiri and Irfan Ahmad Teli. Detenue Gojri hails from district Baramulla and detenue-Teli hails from Naseem Bagh, Srinagar. Both were detained by the concerned District Magistrates on 08.05.2023 and 29.03.2024 respectively.
“For all what has been said, the Court is of the considered view that the safeguards provided by the statute have not been complied with in the instant case and the detenue resultantly has been deprived of his right to move a representation against his detention. The impugned order further appears to have been issued on the basis of an activity allegedly done by the accused detenue almost two years before the issuance of the detention order and nowhere do the respondents justify or provide reasons for such delayed issuance of impugned order”, Court recorded in case of detenue-Gojri.
In the case of detenue, court said that mere registration of two FIRs for alleged offences could not have been made the basis to invoke the provisions of the Preventive Detention Act for the purpose of preventively detaining a person and that in order to bring activities of a person within expression of acting in any manner prejudicial to maintenance of public order, the activities must be of such a nature that the ordinary laws cannot deal with them or prevent subversive activities affecting society.
“Based on the above discussions, detention orders against the detenu are quashed. As a consequence of which, respondents are directed to set the detenues at liberty forthwith provided they are not required in any other case”, Court directed.
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