The subjective satisfaction of the Detaining Authority is crucial for preventive detention under Section 3 of the PITNDPS Act, and the sufficiency of incidents for such detention is within the domain of the Detaining Authority.

JUDGMENT :

Sanjay Dhar, J.

1. The petitioner-Tajinder Singh alias Happy S/o Mohinder Singh, Ward No. 4, Simbal Camp, Tehsil R.S. Pura, District, Jammu (hereinafter to referred as the detenue) has challenged order No. PITNDPS 05 of 2022 dated 27.07.2022 passed by the Divisional Commissioner, Jammu (hereinafter to be referred as the Detaining Authority), whereby he has been taken into preventive custody in terms of Section 3 of the Prevention of Illicit Traffic in Narcotics Drugs and Psychotropic Substances Act, 1988 (hereinafter to be referred as the PITNDPS Act).

2. It has been contended in the petition that the detenue/petitioner has been taken into preventive custody on the basis of an order that has been passed without application of mind. It is further contended that perusal of the order would show that the same has been passed on the grounds which are alien to requirements of Section 3 of the PITNDPS Act as the impugned order of detention has been passed on the ground that the activities of the petitioner pose a serious threat to the health and welfare of the people. It is also contended that the mandate of Section 3 of the PITNDPS Act is not fulfilled in the instant case, inasmuch as the impugned order of detention has been passed on the basis of only a single incident relating to recovery of few grams of heroin. It has also been contended that the petitioner has not been provided the translated version of the grounds of detention etc. which prevented him from making an effective representation against the order of detention. Thus, according to the petitioner, statutory and constitutional safeguards available to the petitioner have been observed in breach.

3. The petition has been resisted by the respondents by filing a counter affidavit. In their counter affidavit, the respondents have submitted that the petitioner is a habitual drug peddler and smuggler who is indulging in illicit traffic of narcotic drugs and psychotropic substances. It has been contended that the detenu poses a serious threat to the lives of young generation as well as to the economy of the Union Territory. It has been submitted that the petitioner has been found involved in numerous offences and various FIRs have been registered against the petitioner in District Jammu. It has been submitted that the petitioner has been provided all the relevant record along with detention order and the grounds of detention, whereafter, the Executing Officer has made him to understand the grounds of detention in Hindi/Dogri, a language which is understood by the petitioner. It has also been contended that the subjective satisfaction arrived at by the Detaining Authority cannot be subjected to judicial review by this Court in exercise of writ jurisdiction and that the petitioner instead of availing the alternative remedy of filing a representation before the Advisory Board, cannot maintain the instant writ petition.

4. I have heard learned counsel for the parties and perused the record of the case as well as the detention record produced by the respondents.

5. The primary ground that has been projected by the learned senior counsel appearing for the petitioner for assailing the impugned order of detention is that there has been non application of mind on the part of the Detaining Authority in passing the impugned order of detention. It has been contended that the Detaining Authority has recorded in the impugned order of detention that the activities of the petitioner pose a serious threat to the health and welfare of the people which is not a ground for resorting to preventive detention in terms of Section 3 of the PITNDPS Act.

6. A perusal of the provisions contained in Section 3 of the PITNDPS Act would show that a Detaining Authority, if satisfied with respect to any person that with a view to prevent him from engaging in illicit traffic in narcotics drugs and psychotropic substances, it is necessary so to do, can make an order directing the said person be detained, mean