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| HC dismisses narco-smuggler's plea of quashing PSA | | | Early Times Report
Jammu, Sept 15: High court judge Tashi Rabstan has dismissed a petition seeking quashmemt of detention under Public Safety Act of an alleged narco-smuggler.
Accused Rajan Gupta's brother filed the petition questioning the detention order No PITNDPS/1 of August 14, 2015 issued by the divisional commissioner, Jammu, whereby he was directed to be detained in Kot-Bhalwal jail in terms of the provisions of section 3 of J&K Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 read with SRO 247 of July 27, 1988.
The petitioner also questioned order No Home/PB-V/1380/ of November 20, 2015 issued by the principal secretary (home), whereby, Rajan was directed to be detained for a period of 12 months.
Justice Tashi, after hearing both the sides, observed that four different FIRs were registered against the petitioner under NDPS Act between July 2010 to May 2014. The execution report submitted by the Kalakote police station SI reveals that the contents of detention warrants and grounds of detention were read over to the petitioner on September 4, 2015 in urdu, Dogri and Hindi. The execution report also bears the signature of petitioner. Thus, the record reveals that the petitioner was supplied the copies of grounds of detention on the same very date when he was put under detention. Therefore, it cannot be said that the petitioner was supplied the documents-in-question beyond the relevant period as prescribed in section 3(2) of Prevention of Illicit Traffic in NDPS Act.
With these observations, the court dismissed the petition on merit.
--(JNF) |
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