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| HC upholds PSA of narco smuggler | | |
EARLY TIMES REPORT
JAMMU, Jan 3: Justice Ali Mohammad Magrey upheld Preventive Detention of Fida Hussain Bhat, ordered by the respondent no2 (Divisional Commissioner, Kashmir) in exercise of the powers vested in him under Section 3 of the J&K Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
Court observed that before taking note of the grounds of challenge taken in this petition to assail the impugned order, it would be appropriate to give brief resume of the activities of the petitioner-detenue, which have led him to preventive detention. As is born out from the grounds of detention served on the detenue, he is a habitual indulgent in the trade of narcotics and psychotropic substances. The detenue was selling drugs to the young generation in Kulgam District and thereby making the young people who are future of the nation as drug addicts. The detenue was involved in a case FIR No 171/2018 u/s 8/20 NDPS Act registered at Police Station Qazigund.
The detaining authority after arriving at a satisfaction that the detenue is an incorrigible drug peddler, operating in an organized and well-planned manner and thereby posing serious threat to the life and health of the people, particularly younger generation and with a view to prevent the detenu from further committing the offence(s) under NDPS Act, the respondent no 2 passed the order of detention bearing no DIVCOM-'K'/83/ /2019 dated 13th June 2019, impugned in this petition.
While dismissing the petition filed by Fida Hussain Bhat, Justice Ali Mohammad Magrey observed that the detention survives even if one of the grounds taken in support of the petition remains unexplained or proves to be bad in law, therefore, the detention order can be maintained in absence of any explanation on this count by the respondents. JNF
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