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HC uphold PSA of Narco smuggler
9/7/2022 10:50:34 PM
Early Times Report
JAMMU, Sept 7: The Jammu & Kashmir and Ladakh High Court While upholding the detention under Public Safety Act of alleged Narco Smuggler, holds that pendency of prosecution is no bar to an order of preventive detention and an order of preventive detention is also not a bar to prosecution. Discharge or acquittal of a person will not preclude detaining authority from issuing a detention order.
Justice Moksha Khajuria Kazmi while dismissing the petition filed by one Manzoor Ahmad Lone who challenged order No. DIVCOM-"K"/178/2021 dated 23rd December, 2021, issued by Divisional Commissioner, Kashmir - respondent no.2 herein (for brevity "Detaining Authority") placed under detention in terms of Section (3) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short NDPS Act), and lodged in Central Jail Kote Bhalwal.
Justice Moksha Khajuria Kazmi after hearing both the sides, while dismissing the petition observed that the instant case the acts of detenue relates to drug trafficking, which has posed serious threat, apart from health and welfare of the people, to youth, most particularly unemployed youth, to indulge in such nefarious acts. —JNF
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