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HIGH COURT OF JAMMU AND KASHMIR
NARVIR SINGH – Appellant
Versus
U T OF J AND K TH COMMISSIONER SECRETARY HOME DEPTT AND OTHERS – Respondent
JUDGMENT :
01. The Divisional Commissioner, Jammu, has invoked Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1998, read with SRO 247 of 1998 dated 27.07.1988, to detain the petitioner Narvir Singh, vide order No. PITNDPS 44 of 2023 dated 27.09.2023. The detenue has assailed the legality and correctness of the impugned detention order in this petition.
02. The detenue was detained as per the grounds of detention after considering his involvement in FIR No. 39/2022 under Sections 8/21/22 and 29 of the NDPS Act; FIR No. 89/2023 under Sections 8/9/21/22/27-A of NDPS Act and Sections 3/25 of Arms Act, and also on the basis of complaints received against him, including preventive measures under Section 110 CrPC, registered at Police Station Satwari.
03. The detaining authority after considering the dossier presented by the Senior Superintendent of Police, Jammu and repeated involvement of the detenue in sale and purchase of narcotic drugs and psychotropic substances cases, arrived at a subjective satisfaction to prevent the detenue from committing any offence by indulging in illicit trafficking of the drugs and, accordingly, issued the det
Preventive detention is justified when there is reasonable suspicion of future offenses, emphasizing that it is not punitive but precautionary in nature.
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....
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.
The detention order under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 can be quashed if it is found to be vitiated by non-application of mind, non-consid....
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 ....
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 importance of subjective satisfaction in detention matters and the limitations of judicial review.
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....
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