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| HC upholds detention of heroin smuggler | | | Early Times Report
JAMMU, Nov 2: Justice Rajnesh Oswal of Jammu & Kashmir and Ladakh High Court upheld the detention under PITNDPS of Mohd Dilawar an alleged heroine smuggler.
It is stated that the dossier in respect of the petitioner was submitted to the respondent No. 2 and after carefully examining the dossier and relevant record attached with it, it was found imperative to detain the petitioner under the relevant provisions of the Act, as after being proceeded under the NDPS Act, for repeated offences, the petitioner even after getting bail again involved himself in the illicit trafficking of narcotic drugs and was posing serious threat to public order as well as to the health and welfare of the people. The ordinary law of the land had also failed to deter him from indulging in illegal activities as per the dossier submitted by the Sr. Superintendent of Police, Jammu. At the time of execution of order of detention, the Executing Officer provided him the relevant documents along with the detention order and grounds of detention (total 31 leaves) and explained the grounds of detention to the petitioner in the language i.e. English/Urdu/Hindi/Dogri, which he fully understood and he was informed of his right to make representation before the Government as well as before the detaining authority against the order of detention.
Justice Rajnesh Oswal after hearing AAG Amit Gupta for the UT, observed that The grounds of detention cannot be termed as vague, as there are specific allegations against the petitioner in respect of selling chitta/ heroin in DDR Nos. 15 and 11 dated 18.01.2024 and 19.01.2024 respectively. The order of detention cannot be quashed on this ground as well.
It was lastly urged by the petitioner that the case of the petitioner was not referred to the Advisory Board within the period of five weeks. The detention record reveals that Advisory Board constituted under the Act has opined in favour of detaining the petitioner vide its opinion dated 19.02.2024, after the case of the petitioner was referred to Advisory Board through e-office on 31.01.2024. Therefore, this contention of the petitioner is also rejected, "court said".
In view of what has been said and discussed above, there is no merit in this petition and the same is dismissed. The detention order bearing No. PITNDPS 06 of 2024 dated 22.01.2024 issued by the respondent No. 2, by virtue of which the petitioner has been detained under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, is upheld, High Court ordered.
—JNF |
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