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| DB upholds PSA in illicit trafficking under NDPSA | | | EARLY TIMES REPORT
JAMMU, Mar 25: A Division Bench of Jammu & Kashmir High Court Srinagar Wing comprising Justice Dhiraj Singh Thakur and Justice Vinod Chatterji Koul upheld the judgment of Single Bench whereby Single Bench upheld detention of Bashir Ahmad Bhat under PSA in illicit trafficking under NDPSA.
The appeal filed by the appellant challenging the judgment of passed by Single Judge dismissing writ petition, being WP(Crl) No.66/2020, titled Bashir Ahmad Bhat.
Union Territory of J&K and another, on the grounds mentioned therein that appellant has been placed under detention by Divisional Commissioner Kashmir (respondent no.2) vide Detention Order No.DIVCOM-"K"/ 132/ 2020 dated 14th May 2020, with a view to prevent him from committing any of the acts within the meaning of illicit trafficking in Narcotic Drugs and Psychotropic Substances Act, 1988. Against the said detention order, appellant preferred a petition (WP(Crl) No.66/2020) before Single Judge, which has been dismissed in terms of impugned judgement and order.
Division Bench after hearing both the sides observed that Writ Court has rightly said that a single act, in view of law laid down by the Supreme Court, was sufficient to sustain order of detention as the gravity and nature of the act is also relevant to be taken into account. In that view of matter impugned judgement need not be interfered with and resultantly Appeal on hand is liable to be dismissed.
DB observed that this Court do not see any reason to interfere with the well-reasoned judgement passed by Single Judge, which otherwise appears to be based upon correct appreciation of facts and circumstances of the case as well as law laid down by the Supreme Court and by this Court from time to time. Accordingly, the present Appeal fails and is, accordingly, dismissed. (JNF)
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