HC declines drug peddler’s plea against preventive detention

Srinagar, Nov 26: The High Court of J&K and Ladakh dismissed a petition challenging detention against a man under Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance (PITNDPS) Act, 1988.

Observing that drug abuse not only harms individuals but also erodes the socioeconomic structure of communities, a bench of Justice Wasim Sadiq Nargal dismissed a plea by 30-year-old Dilawar Javid Bhat of Monghal, Anantnag.

The court noted that the interrelation of these crimes indicates a larger issue affecting both national security and public health.

“The worldwide drug crisis aggravates challenges for societies, especially as younger generations fall victim to addiction,” it said.

The court observed that traffickers take advantage of vulnerabilities, ensuring a continuous supply of narcotics that further endangers public safety and well-being.

In his petition, Bhat had called into question the order of detention passed by Divisional Commissioner Kashmir on  July 31, 2023, by virtue of which he was placed under detention with a view to preventing him from committing any of the acts within the meaning of PITNDPS Act.

The court pointed out that “the Ordinance No 1 of 1988 notified in terms of SRO 247 of 1988, that confers powers, under sub-section 1 of Section 3 of the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance, upon the Divisional Commissioner Kashmir and Jammu, continues to have the same force as it had before the commencement of the J&K Reorganisation Act, 2019.

“Considering the observations made by this court, the arguments presented, and the analysis of the facts, including the petitioner's past conduct and history of involvement in unlawful activities, it becomes clear that the actions of the petitioner pose a continued threat to public safety, national security, and the rule of law,” the court said. “Therefore, in light of these factors, and also considering the continued observation and monitoring of the detainee after being released on bail have revealed his ongoing involvement in criminal activities.”

It said that this persistent participation in unlawful actions justifies the preventive detention order, as it poses an imminent threat to public safety, health, societal welfare, and national security.

The court said given that regular law had proven insufficient to prevent the “drug trafficker” from engaging in such activities, the detention order passed by the detaining authority is upheld.

The court subsequently dismissed the petition saying it was devoid of merit.