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2024 Supreme(JK) 312

HIGH COURT OF JAMMU AND KASHMIR
ANIL SINGH – Appellant
Versus
U T OF J AND K TH COMMISSIONER SECRETARY HOME DEPTT AND OTHERS – Respondent


JUDGMENT :

Per Oswal-J

1. The respondent No. 2 had invoked the provisions of section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short the ‘PITNDPS Act’) for the purpose of detaining the appellant vide order of detention dated 10.08.2023 and being aggrieved of the same, the appellant preferred a writ petition bearing HCP No. 51/2023, thereby assailing the order of detention, which was dismissed by the learned Single Judge by virtue of judgment dated 28.03.2024.

2. The appellant through the medium of this intra court appeal has assailed the judgment dated 28.03.2024 of the learned Single Judge on the ground that the learned Single Judge has not taken note of following contentions raised by the appellant:

(i) that the appellant had never abused the concession of bail granted to the appellant in FIR No. 248/2021 of Police Station, Akhnoor and FIR No. 180/2023 of Police Station, Katra, as such, he could not have been detained under the provisions of Section 3 of the PITNDPS Act.

(ii) that the order indicates that the appellant has been detained under the PITNDPS Act but the sponsoring authority i.e. respondent No. 3 herein issued the o

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