ORDER :

M.A. Chowdhary, J.-Through the medium of instant petition quashment of detention order bearing No. DIVCOM “K”/PSA/165/2021 of 2021 dated 10.09.2021, passed by respondent No. 2 (Divisional Commissioner), Kashmir against the detenue namely Muhmmad Lateef Dar, S/O Muhammad Yousuf Dar R/O Sether Sangam Hanjipora Bijbehera, is being sought by the petitioner as also a writ of mandamus for his release and a compensation of Rs. 10 lakh for his illegal detention.

2. It is being stated in the petition that the detenue is a law abiding and peace-loving citizen and has never involved in any subversive activity prejudicial to the public order or security of the State. The detenue is stated to have been arrested by the Police Post Sangam, in connection with FIR No. 04/2021 of Police Station Bijbehara. However, in the said FIR the detenue was admitted to bail on 13.02.2021. Thereafter the detenue was again summoned and detained illegally and shifted to Central Jail, Kotebawal, Jammu to be detained under the Provisions of Prevention of illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act 1988 (Hereinafter referred to as “The Act”) in terms of impugned order.

3. The impugned order is being challenged inter-alia on the grounds that grounds of detention order are vague, non-existent and no prudent man can make a representation against such allegation and passing of detention order on such grounds is unjustified and unreasonable. That the Detaining Authority has mentioned only single FIR in the detention order and the activities alleged in the grounds of impugned order are bad in law and the order passed by the respondent No.2 deserves to be quashed; that the detenue was already granted bail in case FIR No. 04/2021 at the time detention order was passed and the Detaining Authority despite having knowledge about the detenue having already been admitted to bail has not mentioned this important fact in the grounds of detention which shows non-application of mind on the part of Detaining Authority. The detention order was proposed on 03.02.2021 on the sole allegation of FIR No. 04/2021 but has been passed on 10.09.2021, i.e., after a delay of seven months. It is stated that the detenue has been admitted to bail in the said FIR and the challan also stands presented before the competent court. It is further urged that the delay is unreasonable, illegal and as such the impugned order deserves to be quashed on this ground also.

4. It is being further urged that the detenue had not been provided copies of the relevant material like copy of dossier, copy of FIR, statements recorded under Section 161/164-A Cr PC referred to, in the grounds thus depriving him to file an effective representation against his detention. The said failure is stated to have infringed the constitutional right of the detenue guaranteed under Article 22 (5) of the Constitution of India.

5. It is also stated that the father of the detenue has moved a representation before the detaining authority, however, the same was not considered as such non-consideration of the representation has rendered the detention of the detenue unconstitutional and deserves to be quashed.

6. Pursuant to notice the respondents filed the counter affidavit which inter-alia reveals that all statutory requirements and constitutional guarantees had been fulfilled and complied with while detaining the detenue, that the detenue is a member of an organized drug trafficking gang working in Anantnag area which is involved in procuring, transporting and sale of psychotropic substance and has been carrying such activates from a pretty long time. The detenue was apprehended during a naka checking of vehicles near Petrol Pump of Sether Sangam and 11 kilograms of poppy straw was seized from his possession. Accordingly, case FIR No. 04/2021, under section 08/15 NDPS Act was registered at Police Station Bijbehara.

7. Heard learned counsel for the parties and also perused the detention record.

8. Learne