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 habeas corpus petition.

2. 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-detenu, 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. The detenu was selling drugs to the young generation in Sopore area and thereby making the school going children who are future of the nation as drug addicts. The detenu was involved in a case FIR No. 166/2020 u/s 8/22 NDPS Act registered at Police Station Sopore. On 28.06.2020 detenu was arrested by police station Sopore at Model Town Nowpora crossing Sopore along with his other associates. At the time of arrest 120 Spasmo Proxyvon plus Capsules (