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2023 Supreme(J&K) 595

M. A. CHOWDHARY
Tariq Ahmad Wagay @ Tariq Choudary S/O Abdul Rehman Wagay – Appellant
Versus
U T of Jammu & Kashmir through Principal Secretary to Govt. Home Department Civil Secretariat Srinagar/Jammu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Asif Ali Dar, Adv.
For the Respondent: Mr. Sajad Ashraf, GA.

JUDGMENT :

1. Petitioner Tariq Ahmad Wagay @ Tariq Choudary (hereinafter called detenue) was taken into preventive custody under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short ‘the Act’) in terms of the order of detention bearing No. DIVCOM-K/328/2022 dated 23.12.2022 passed by respondent no. 2 (for short „the impugned order) and the same has been challenged and sought to be quashed through the medium of this criminal writ petition.

2. The impugned order is assailed by the petitioner on the grounds that the allegations made in the grounds of detention are vague, non-existent and no prudent man can make a representation against such allegation and passing of detention order on such grounds is unjustified and unreasonable; that the detaining authority has mentioned one FIR in the grounds of detention, however, no specific allegation has been given regarding the involvement of the detenue in the cases mentioned in grounds of detention/dossier as such the impugned order of detention suffers from complete non-application of mind on the part of detaining authority; that the respondents have not followed the provisions of Pr

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