Back
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH ATJAMMU
M A CHOWDHARY
Naveed Ahmed S/O Late Mohd Sharief – Appellant
Versus
UT of J & K through Financial Commissioner (Additional Chief Secretary) Home Department, Civil Secretariat, Jammu. – Respondent
JUDGMENT :
1. Divisional Commissioner, Jammu (hereinafter called ‘Detaining Authority’) in exercise of powers under Section 3 the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act 1988 read with SRO 247 dated 27.07.1988, passed the detention Order No. PITNDPS 51 of 2023 dated 18.10.2023 (for short ‘impugned order’), in terms whereof the petitioner namely Naveed Ahmed S/O Late Mohd Sharief R/O Village Hari, Tehsil Surankote, District Poonch (for short ‘detenue’), has been detained.
2. The impugned detention order has been challenged through the medium of the instant petition, being in breach of the provisions of Article 22 of the Constitution of India read with provisions of the PIT NDPS Act. It is being pleaded in the petition that the detention order so passed against the petitioner was not addressed to detenue which shows the callousness and non-application of mind on the part of the detaining authority-respondent No.2; that the detaining authority has not mentioned a word in the detention order with regard to the satisfaction drawn by it as to how it has come to the conclusion of passing the detention order. Furthermore, it is stated that the petitione
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 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 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....
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 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 must be based on current threats and not solely on past conduct; reliance on stale incidents undermines legality.
Preventive detention requires clear evidence of imminent bail release and potential future offenses; insufficient reasoning invalidates detention orders.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
