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 review.

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 safeguards as provided to detenu under Article 22(5) of the Constitution of India.

4.1. In the context of above submission, I have gone through the detention record produced by counsel for respondents. Perusal of Execution Report as also Receipt of Grounds of Detention, forming part of Detention Record, reveals that the material relied upon by detaining authority has been given to detenu. Grounds of Detention have been read over and explained to detenu in Urdu/Kashmiri language.

4.2. In such circumstances, contention of counsel for petitioner that material relied upon by detaining authority to issue impugned order of detention had not been served upon detenu, is misconceived.

5. It is also contention of counsel for petitioner that detaining authority has not attributed any specific allegation against detenu and that vague allegations have been levelled against detenu. It is also stated by him that detaining authority has not assigned any compelling and cogent reason for passing order of detention and that detaining authority has not specified the authority before whom the representation has to be made nor has detaining authority informed detenu to make representation to him before the order could be approved/confirmed by the Government.

5.1. The above submissions of counsel for petitioner are again misconceived, for, perusal of grounds of detention reveals the compelling and cogent reasons have been given by detaining authority to pass order of detention and selling/dealing in drugs among youth of the area which has adverse impact on the younger generation. It is also mentioned in grounds of detention that detenu is selling drugs among youth of the area which has adverse impact on the younger generation and he is continuously exposing young and gullible/immature minds including school going children into the heinous world of drugs and making them habitual addicts.

5.2. Grounds of detention also make a mention that detenu is a history sheeter inasmuch as he is involved in a number of FIRs registered against him, viz. FIR no.144/2020 under Section 8/21, 22 NDPS Act P/S Yaripora, in which 02 grams of Heroin was seized; and FIR no.76/2022 under Section 8/20, 22 NDPS Act, P/S Yaripora, in which 100 grams of Charas was seized.

5.3. It is also mentioned in grounds of detention that the contraband material seized in connection with case FIR no.76/2022 was sent to Forensic Science Laboratory, Srinagar, to ascertain its veracity and that the report of FSL suggests that Charas was detected in the Exhibit no.NA-31-4/22.

5.4. Thus, it is evident from grounds of detention that detenu is habitual in indulging in activities, which poses serious threat to the health, wealth and welfare of the people, especially young generation.

6. Perusal of the record also reveals that detenu