JUDGMENT

M. A. Chowdhary, J. - Petitioner in the instant petition has been taken into preventive custody under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short 'the Act') in terms of the order of detention bearing No. DIVCOM'K'/210/2022 dated 18.03.2022 (for short 'the impugned order), passed by Divisional Commissioner Kashmir (for short 'detaining authority').

2. The order of detention is challenged by the detenue through the medium of this petition and is sought to be quashed on the following grounds:-

a) That, the order of detention being illegal and also being unconstitutional violative of fundamental as well as statutory rights of the detenue deserves to be quashed.

b) That, the detaining authority has passed the order of detention without applying its mind and the same is apparent from the record because allegedly the detenue is arrested in substantive offences and in this behalf mention of two FIRs bearing No. 20/2021 under Section 9/15 NDPS Act and No. 49/2021 under Section 8/18-20 NDPS Act registered in Police Station Shopian have allegedly been registered against the detenue and in both these FIRs the detenue is