1. This Letters Patent Appeal has been filed against the judgment of the learned Single Judge dated 05.10.2012 passed in Habeas Corpus Petition (HCP) no. 80/2012, dismissing the writ petition. In order to appreciate the grounds pleaded in the appeal, it becomes imperative to give a brief resume of the facts.

2. The detenu, Imtiyaz Ahmad Akhoon son of Ali Mohammad Akhoon resi#31;dent of Gulshan Bagh, Lal Bazar, Srinagar, was arrested on 04.01.2012 in connection with case FIR no. 01/2012 registered at Police Station, Lal Bazar under Sections 8/20-21 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances-Act, 1988. While being in judicial custody in connection with the aforesaid criminal case in the Central Jail, Srinagar, the Divisional Commissioner, Srinagar, in exercise of powers vested in him under Section 3 of the aforesaid Act, passed Order no. DIVCOM-"K"/08/2012 dated 30.04.2012 directing detention of the detainee.

3. The detenu, through his wife, challenged the aforesaid order through the medium of HCP no. 80/2012, inter alia, on the grounds that the order of detention suffers from non-application of mind; that no compelling reason or circumstance was disclo

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