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 reasons that he is likely to indulge in activities prejudicial to the health and welfare of the general public especially the younger generation from the use and occupation of drugs.

(ii) that the petitioner has not committed any offence nor he is involved in the commission of any offence under the NDPS Act which pose a serious threat to the health and welfare of the people, but the respondents without the application of mind and without considering the material on record had issued and passed the impugned detention order which is illegal, unjustified, unwarranted under law and as such the same is liable to be quashed; that the petitioner has been provided the impugned order, grounds of detention, dossier along with the other documents which is not understood by the petitioner as the petitioner is a labourer who had studied only upto under 8th standard and he does not understand the English, Hindi as well as Urdu language and he understand only Pahari (SIRAJI) language and the petitioner use to only sign in English;

(iii) that respondent No. 2 has no power to pass the order of detention because as per the Sec 3 of the Prevention of the Illicit trafficking in Narcotics Drugs and Psychotropic Substances Act 1988 if the order has to be passed by the any officer of the State Govt. that too has been specially empowered by the State Govt. for the purpose of this section but after coming into force the act of J&K Reorganization Act 2019, no power has been assigned to any officer by the State Govt. because there is no law prevailing in the UT of J&K which could justify the powers under Sec. 3 of J& K Prevention of the Illicit Trafficking in Narcotics Drugs and Psychotropic Substances Act 1988 and on this sole ground the impugned order is liable to set aside;

(iv) that respondent No. 2 has not applied his mind properly while passing the order of detention because as per the order of detention the dossier has been submitted on 29-09-2022 by respondent No. 3 and as per the order on the same day opportunity has been given to the petitioner to make the representation to the Govt. against the said order and on the same day the respondent No. 2 has passed the order of detention which clearly shows that everything has been done on the same day in rush and casual manner in order to falsely implicate the petitioner in a false case of Prevention of the Illicit trafficking in Narcotics Drugs and Psychotropic Substances Act 1988 and this clearly shows that the respondent no. 2 has not applied his mind properly and has passed the order in rush manner which can be reflected in the order itself because in such a short period of time it is not possible for the respondent No. 2 to arrive at logical conclusion w.r.t. detention of the detenu because the dossier which has been submitted