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2024 Supreme(J&K) 216

M. A. CHOWDHARY, N. KOTISHWAR SINGH
Jahangir Ahmed Dar S/o Bashir Ahmad Dar – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Usman Gani.
For the Respondent: Sajjad Ashraf.

JUDGMENT :

M.A. CHOWDHARY, J.

1. This intra court appeal has been preferred by the appellant Jahangir Ahmed Dar against the judgment/order dated 30.12.2022 passed by the learned Single Bench of this Court in a Writ Petition W.P. (Crl) No. 732/2022 titled Jahangir Ahmed Dar vs. UT of J&K and Others, whereby his plea to quash Order No. DIVCOM-K/279/22 dated 19.10.2022 (for short “detention order”) passed in terms of the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act 1988 by the Divisional Commissioner Kashmir (hereinafter called “the Commissioner”).

2. The appellant/petitioner vide detention order dated 19.10.2022, had been directed to be detained in preventive custody, in terms of Section 3 of the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act 1988 by the Commissioner. The appellant/petitioner while challenging the order passed by the Commissioner had contented in his petition that he had been implicated falsely in case FIR No. 04/2021 for the commission of offences punishable under sections 8/20 NDPS Act and in that case he had been admitted to bail by the Court of learned 1st Additional Sessions Judge, Srinagar

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