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2024 Supreme(J&K) 177

RAHUL BHARTI
Ramiz Raja – Appellant
Versus
U. T of Jammu and Kashmir through Financial Commissioner (Addl. Chief Secretary) Home Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vikram Sharma, Sr. Advocate with Mr. Sachin Dev Singh, Advocate.
For the Respondent: Mr. Bhanu Jasrotia, GA vice Mr. Irfan Inqualbi, GA.

JUDGMENT :

1. Heard learned counsel for the parties and perused the writ pleadings and the record therewith.

2. The petitioner is aggrieved of an Order No. PITNDPS14 of 2023 dated 08.05.2023 (in short ‘detention order’) passed by the respondent No. 2-Divisional Commissioner, Jammu whereby the petitioner has been ordered to be detained and lodged in District Jail, Kishtwar by reference to exercise of power under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (in short ‘PITNDPS Act, 1988’) read with SRO 247 dated 27.07.1988.

3. Pursuant to the issuance of this detention order, the petitioner came to be detained on 19.05.2023 by the Detention Order Executing Officer PSI Anil Kumar PID No. EXJ-196712 of Police Station, Kishtwar and came to be lodged in District Jail, Kishtwar.

4. It is the respondent No. 3-Senior Superintendent of Police, Kishtwar who had solicited preventive detention of the petitioner by submission of a dossier forwarded vide letter No. CS/PITNDPS/2023/5733-35/C dated 03.05.2023 wherein the respondent No. 3-Senior Superintendent of Police, Kishtwar came to present the petitioner to be a notorious criminal/drug peddl

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