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2019 Supreme(J&K) 32

SANJEEV KUMAR
Khaleeq Ahmad Sheikh – Appellant
Versus
State of J&K – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. S.T. Hussain, Senior Advocate with Ms. Nida Nazir, Advocate
For the Respondent(s): Mr. Asif Ahmad Bhat, AAG

Judgment

1. The preventive detention of the detenu, ordered by the respondent no.2 (Divisional Commissioner, Kashmir) in exercise of the powers vested in him under Section 3 of the J&K Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for brevity “PITNDPS’), is the subject matter of challenge in this petition for habeas corpus. Before taking note of the grounds of challenge taken in this petition to assail the impugned order, it would be appropriate to give brief resume of the activities of the petitioner, which have led him to preventive detention. As is born out from the grounds of detention served on the detenu, he is a habitual indulgent in the trade of narcotics and psychotropic substances. On 22nd January 2017, the detenu along with his associate was apprehended by a police party of police post Taad at Dalair post opposite Chatkadi. During search, brown sugar (Heroin) weighing 01 kilogram was recovered from his possession. In the result, FIR no.04/2017 under Section 8/20 NDPS Act, was registered in the police station Karnah against the detenu. Although it is not coming out from the grounds of detention as to what happened in the aforesaid

















































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