Excelsior Correspondent
Srinagar, Dec 2: Observing that preventive detention is not a quick alternative to normal process, High Court quashed the detention order of an alleged drug peddler and directed the authorities to release him from preventive custody.
Justice M A Chowdhary while quashing the detention order of one Tariq Ahmad Ganaie of Chandgam Pulwama, said, normal law in the instant case had to be assumed to be sufficient to disable the detenue to indulge in any such activity which may been in the estimation of the detaining authority to be treated prejudicial to the security of the UT of J&K and the preventive detention is not a quick alternative to normal process. He was detained under Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act.
“The allegations levelled against the detenue-Ganaie that he was involved in exploiting the young generation by making them drug addicts, is vague and in such situation the detenue would not be in a position to submit a meaningful representation before the detaining authority or the competent authority to have a fresh look into the matter. Vagueness does invalidate the detention order in the circumstance”, read the judgment
The Government counsel contended that the detenue’s continuous activities of peddling of drugs and avoiding clutches of normal law has made it imperative to detain the detenue under the provisions of the NDPS Act and there were sufficient grounds available for such detention.
It was further contended that the live link is still sustaining, as the detenue is still involved in the drug peddling activities and the recent adverse reports lead the sponsoring agency to recommend the detenue for preventive detention under the provisions of the NDPS Act
The court in view of facts of the detention order said the same is a verbatim copy of the dossier as such is not sustainable as the impugned detention order passed on vague grounds and failure on the part of the detaining authority to record satisfaction that normal law proved insufficient to contain the petitioner.
The court as such allowed the plea of detenue-Ganaie and quashed the impugned Detention Order dated 23.05.2025 passed by the Divisional Commissioner Kashmir with the direction to set him free, if not required in any other case.
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