The main legal point established in the judgment is the necessity of preventive detention to prevent illicit drug trafficking and the limited scope of judicial review in such cases.

JUDGMENT :

VINOD CHATTERJI KOUL, J.

1. Through the medium of this petition, quashment of Order No. “K”/160/2021 dated 10.09.2021 (for brevity “order impugned”) passed by Divisional Commissioner, Kashmir (for short “detaining authority”) in terms of Section 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, whereby, detenu, namely, Mohammad Shaban Bhat S/o Ab Qayoom Bhat R/o Narpura Watnard Anantnag, has been placed under preventive detention so as to prevent him from committing any of the acts/illegal activities coming within the purview of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, is sought on the grounds made mention of therein.

2. Respondents have filed Reply Affidavit in opposition to writ petition, in which it is insisted by them that detenu is involved in illegal trade of illicit traffic in narcotic drugs and psychotropic substances

3. I have heard learned counsel for parties. I have gone through the detention record and considered the matter.

4. It is stated by counsel for petitioner that order of detention passed by respondent no. 2 is without jurisdiction as in terms of the Central Act, respondent no. 2 is not competent to detain a person and that competent officer is Secretary to Government or officer of the rank of Joint Secretary specially empowered in this behalf.

To the above contention, it is vehemently stated by counsel for respondents that the Act of 1988 stands repealed in terms of J&K Reorganization Act, 2019, and as such, impugned order of detention has been passed under the corresponding Central Act, i.e. Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, which is extended to Union Territory of J&K by virtue of J&K Reorganisation (Removal of difficulties) Order, 2019, notified vide SO 3912 (E) dated 31.10.2020, by Ministry of Home Affairs, Government of India. He also avers that in terms of Clause 5 of the said Order, all the Central Laws, Ordinances and the Rules, which are applicable to whole of India, except erstwhile State of J&K, have been made applicable to Union Territory of J&K in addition to the Central Laws specified in Table (1) of the 5th Schedule of J&K Reorganization Act, 2019 and that in terms of Clause (14) of the aforesaid Order, anything done or any action taken including any appointment of delegation made, shall be deemed to have been done or taken under the corresponding provisions of the Central Act extended to the Union Territory of J&K in terms of J&K Reorganization Act, 2019.

In such circumstances, the submission of counsel for petitioner that respondent no. 2 has no powers or jurisdiction to pass impugned order, is misconceived.

5. He also states that detaining authority has not attributed any specific allegation against detenu and that vague allegation has been levelled against detenu. It is also stated by counsel for petitioner that detaining authority has not assigned any compelling and cogent reason for passing order of detention and that detaining authority has not specified the authority before whom the representation has to be made nor has detaining authority informed detenu to make representation to him before the order could be approved/confirmed by the Government.

The above submissions of counsel for petitioner are misconceived, for, perusal of grounds of detention reveals and portrays compelling and cogent reasons having been given by detaining authority to pass order of detention. It is discernible from grounds of detention that detenu is dealing in illegal business of Narcotic Drugs and exploiting the immature minds of younger generation by making them depending on drugs and to make them habitual addicts. It is also mentioned in grounds of detention that detenu is supplying drugs against hefty amounts to the immature youth, which in turn has exposed them to different kinds of immoral and illegal criminal tendencies and as such resort to thefts and other illegal activities