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M. A. CHOWDHARY
Umar Jan – Appellant
Versus
Union Territory of J&K – Respondent
JUDGEMENT
1. 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') read with [1]SRO 247, dated 27.07.1988 in terms of the order of detention bearing No. PITNDPS 13 of 2022, dated 17.09.2022 (for short 'the impugned order).
2. The order of detention is challenged by the petitioner (hereinafter called detenue) through the medium of this petition on the following grounds:-
The central legal point established in the judgment is the importance of providing the detenue with all the material on which the detention order was based to enable them to make an effective represe....
The detention order was quashed due to vagueness in grounds and violation of constitutional rights under Article 22(5), alongside significant delays in execution.
The failure to consider a detenue's representation against preventive detention violates Article 22(5) of the Constitution, rendering the detention invalid.
The detaining authority must apply its mind to draw subjective satisfaction to detain the petitioner, and the detenue has the right to make an effective and meaningful representation against the dete....
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