Main objective of detentions under NDPSA is security of state: HC

Excelsior Correspondent

SRINAGAR, Oct 29: High Court while upholding the detention orders of three persons involved in illicit trafficking in Narcotic Drugs and Psychotropic Substances (NDPS) Act said the main objective of the preventive detention is security of the State, and combating abuse of such drugs and substances, which post threat to health and welfare of the people.
Justice Tashi Rabstan dismissed three petitions in a well elaborated and common judgment in which detention orders passed by Divisional Commissioner Kashmir were challenged. Court after perusal of the record of three cases and hearing the arguments of both the parties held that the petitions san any merit and are, accordingly, dismissed.
Court said that our Constitution undoubtedly guarantees various freedoms and personal liberty to all persons in our Republic. However, court has made it clear that it should be kept in mind by one and all that the constitutional guarantee of such freedoms and liberty is not meant to be abused and misused so as to endanger and threaten the very foundation of the pattern of our free society in which the guaranteed democratic freedom and personal liberty is designed to grow and flourish.
“Main object of preventive detention is security of the State, maintenance of public order or preventing illicit traffic in narcotic drugs and psychotropic substances and combating abuse of such drugs and substances, which pose threat to health and welfare of people or have deleterious effect on national economy, and larger interests of sustenance of peaceful democratic way of life”, Justice Tashi said.
Three persons namely Javid Ahmad Mir of Awantipora, Mohammad Amin Bhat of Awantipora and Tasaduq Shafi Sheikh of Rainawari Srinagar had been arrested in connection with same FIR and put under preventive detention by Divisional Commissioner Kashmir on 14.11.2020.
As is gatherable from detention records produced by Sr. AAG, representing Home Department, impugned orders of detention have been approved by the Government qua all the three persons and by approval, detention of all the three detenus for a period of one year has been directed.
Grounds of detentions unmask that detenus on 4th September 2019 were arrested by police station Awantipora during a Naka checking at Padgampora when all three detenus were travelling in a vehicle (Innova) and 24 sticks of Charas and one white coloured bag containing Heroin were recovered from the vehicle and accordingly, a case FIR no.112/2019 under Section 8/18, 8/20 read with Section 29 of NDPS Act at police station Awantipora, was registered.
The reports received from field agencies are suggestive of the fact that detenus have been clandestinely started dealing in illegal business of narcotics and in order to carry out this illegal trade, they are exploiting immature minds of younger generation by making them dependent on drugs and to make them habitual addicts.
Court said that the preventive detention is not punitive but preventive and is resorted to with a view to prevent a person from committing activities regarded as prejudicial to certain objects that the law of preventive detention seeks to prescribe.
“The drug mafia of which detenus are stated to be active members, are hell bent upon to spoil life and career of younger generation by selling drugs to them. Detenus’ designs and conduct are to lure teen aged youth and school going children into menace of drugs.  10.7. It is also mentioned in grounds of detention that FSL report bearing no.1063C&T dated 29th October 2019 suggests that Chars and Diacetyl Morphine (Heroin) were detected”, reads the judgment.