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HC upholds PSA of narco smuggler
5/10/2023 10:31:27 PM
Early Times Report
JAMMU, May 10: The Jammu & Kashmir and Ladakh High Court upholds the detention under PSA of Narco Smuggler.
Justice Mohan Lal while dismissing the petition filed by Vijay Kumar quashment of the impugned detention order No. PITNDPS 23 of 2022 dated 29.09.2022 issued by the respondent No. 2 (Divisional Commissioner, Jammu) for detaining the petitioner u/s 3 of the Prevention of Illicit Trafficking and Narcotics Drugs and Psychotropic Substances Act 1988 r/w SRO 247 dated 27.07.1988, observed that petitioner actively engaged in the sale and purchase of illicit traffic in narcotic drugs and psychotropic substances which poses a serious threat to the lives of young generation and tried to spoil the peaceful atmosphere of Doda and Ramban area and if he remains free in the society, he would definitely indulge in such activities and would be danger to the lives of young generation of the area, therefore, the presence of subject in society is certainly prejudicial to the health and welfare of the people of District Doda and other adjoining area and this illicit traffic has a deleterious effect on the society, as the criminal activates of the petitioner are responsible for spoiling the lives of hundreds of youth. From the bare perusal of the FIRs and DDRs the allegations therein against the petitioner, it is discernible, that the petitioner is a habitual smuggler and actively engaged in the sale and purchase of illicit traffic in narcotic drugs, the actions taken against him under ordinary law from time to time have not been proved to be deterrent. It seems that petitioner/detenue instead of mending his ways has continuously been indulging in such activities and has not shown any respect for the law of the land, as such, the petitioner/detenue has created a sense of alarm, scare and a feeling of insecurity in the minds of the public of the area, has become a chronic fear amongst the people of the area. Even the Advisory Board under J&K Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1988 vide its order dated 07.10.2022 has confirmed the detention of the petitioner. Thus, the activities of the petitioner are of criminal and habitual nature of indulging in sale and purchase of narcotic drugs, hence, petitioner has been rightly detained by Respondent No. 2, therefore, the detention order issued vide order No. PITNDPS 23 of 2022 dated 29.09.2022 does not suffer from any illegality, impropriety and perversity, the same is affirmed/upheld.
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