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HC uphold detention of two in drug trafficking
9/2/2024 9:32:26 PM
Early Times Report
JAMMU, Sept 2: n Justice MA Choudhary of Jammu & Kashmir and Ladakh High Court while dismissing two different petitions challenging the detention under PSA, observed that The drug problem is a serious threat to public health, safety and well-being of humanity. Even global community is facing serious consequences of drug abuse and Narco-terrorism which undermines the socio- economic and political stability and sustainable development. Besides, it also distorts the health and fabric of the society and it is considered to be the originator for petty offences as well as heinous crimes like smuggling of arms & ammunition and money laundering. The involvement of various terrorist groups and syndicates in drug trafficking leads to threat to the national security and sovereignty of States by the way of Narco-terrorism. The drug trafficking and abuse has continued its significant toll on valuable human lives and productive years of many persons around the globe. With the growth and development of world economy, drug traffickers are also seamlessly trafficking various type of drugs from one corner to other ensuring the availability of the contrabands for vulnerable segment of the society who fall into the trap of drug peddlers and traffickers. Due to India's close proximity with major opium growing areas of the region, India is facing serious menace of drug trafficking and as a spill- over effect, drug abuse especially among the youth is a matter of concern for all of us.
This judgment has been passed in two different petitions filed by Naveed Ahmed, age 20 years R/O Village Hari, Tehsil Surankote, District Poonch and Sajad Ahmed R/O Wanda Beoli, Tehsil & District Doda who challenged the order of Divisional Commissioner, Jammu (hereinafter called 'Detaining Authority') in exercise of powers under Section 3 the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act 1988, passed the detention Order No. PITNDPS.
Justice MA Chowdhary aftrer hearing AAG Amit Gupta for the UT, it is clearly disclosed that it is not a number of acts that are to be determined for detention of an individual but it is impact of the acts which is material and determinative. In the instant case the act 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 acts, ramifications thereof would be irreversible and unimaginable. Having regard to the facts and circumstances of the case and discussion made hereinabove, the petitions are found to be devoid of any merit and substance and is liable to be rejected. The petitions are thus dismissed and the impugned order relating to preventive detention of the petitioners are upheld. —JNF
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