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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Vinod Chatterji Koul, J
Shahid Ahmad Bhat – Appellant
Versus
Union Territory Of J&k – Respondent
JUDGMENT :
1. Quashment of Order no. DIVCOM “K”/64/2024 dated 18.04.2024 (for brevity “order impugned”) passed by Divisional Commissioner, Kashmir (for short “detaining authority”), in terms of Section 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as “Act of 1988”) placing detenu, namely, Shahid Ahmad Bhat S/o Bashir Ahmad Bhat R/o Brazloo Jageer District Kulgam under preventive detention to prevent him from committing any of the acts within the meaning of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, is sought on the grounds made mention of therein.
2. Respondents have filed Reply Affidavit, in which it is insisted by them that detenu is involved in illegal trade of illicit traffic in narcotic drugs and psychotropic substances.
3. I have heard counsel for parties. I have gone through the detention record produced by counsel for respondents and considered the matter.
4. Counsel for petitioner would contend that the material relied upon by detaining authority while passing impugned order of detention, has not been provided to detenu, violating the Constitutional and Statutory procedural safe
Preventive detention under the Act is justified based on reasonable suspicion of future offenses, and the subjective satisfaction of the detaining authority is not subject to extensive judicial revie....
Preventive detention is justified when there is a reasonable probability of future criminal activity, and the grounds for such detention must be clear and free from ambiguity.
Preventive detention is justified to protect society from individuals engaged in anti-social and unlawful activities, and the competence of the detaining authority is determined by the legal provisio....
The main legal point established is the purpose and scope of preventive detention as a measure to protect society from individuals engaged in anti-social activities, emphasizing the limited scope of ....
Preventive detention is justified when there is reasonable suspicion of future offenses, emphasizing that it is not punitive but precautionary in nature.
Preventive detention must be based on current threats and not solely on past conduct; reliance on stale incidents undermines legality.
Preventive detention quashed for lack of subjective satisfaction: 8-year gap between cases, acquittal in one, incidental recovery during warrant execution fail to establish live proximate link to pub....
Criminal Trial - Illicit Traffic - Seeking quashment of detention order - Detaining authority has not indicated any compelling reasons to justify the preventive detention of the detenue when he was a....
The main legal point established in the judgment is the necessity of preventive detention to prevent individuals from engaging in acts prejudicial to public health and welfare, as emphasized by the l....
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