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2023 Supreme(J&K) 267

MOHAN LAL
Vijay Kumar (Through his brother Naresh Kumar) S/o Mool Raj – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Prince Khanna, Advocate and Mr. Sahil Bhardwaj, Advocate
For the Respondent: Mr. Adarsh Bhagat, GA

JUDGMENT :

1. Petitioner by invoking the jurisdiction of this Court in terms of Article-226 of the Constitution of India, has sought the indulgence of this court for issuance of writ of Habeas Corpus with the prayer for quashment of the impugned detention order No. PITNDPS 23 of 2022 dated 29.09.2022 issued by the respondent No. 2 (Divisional Commissioner, Jammu) for detaining the petitioner u/s 3 of the Prevention of Illicit Trafficking and Narcotics Drugs and Psychotropic Substances Act 1988 r/w SRO 247 dated 27.07.1988 and further directions to respondent No. 4 to release the petitioner from District Jail Bhaderwah on the following grounds:-

(i) that the petitioner is aggrieved of the impugned detention order No. order No. PITNDPS 23 of 2022 dated 29.09.2022 passed by respondent No.2 whereby the petitioner has been detained under Section 3 of the Prevention of Illicit Trafficking and Narcotics Drugs and Psychotropic Substances Act 1988 r/w SRO 247 dated 27.07.1988 on the grounds that the detention of the petitioner is illegal, it is no longer res integra that while passing an order for the preventive detention of a person the detaining authority is required to spell out the reason

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