Back
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Imran Hussain Giri – Appellant
Versus
Ut Of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
01. The petitioner, through the medium of the present petition, has challenged Order No. PITNDPS 30 of 2025 dated 09.06.2025 (hereinafter to be referred to as “impugned order of detention”) issued by respondent No. 2-Divisional Commissioner, Jammu whereby while exercising powers under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter to be referred to as “PITNDPS”), the detaining authority has ordered preventive detention of the petitioner.
02. The petitioner has challenged the impugned order of detention on the grounds that the same has been passed without application of mind. It has been contended that the impugned order of detention has been passed with an objective, which is alien to the object contemplated by Section 3 of the PITNDPS Act. It has been further contended that the petitioner even after being bailed out in FIR Nos. 148/2024 and 18/2025 of Police Station, Kishtwar was again illegally detained under PITNDPS Act, which clearly shows that the action of the respondents is tainted with malafides and the same constitutes colourable exercise of power on the part of the detaining au
Preventive detention – Tentativeness on part of detaining authority in drawing conclusion regarding nature of activities of petitioner vitiates subjective satisfaction drawn by it.
Preventive detention under the PITNDPS Act is valid if the detaining authority applies its mind and follows procedural safeguards, even if ordinary law has been previously invoked.
Preventive detention is justified to prevent further illegal activities, even if the accused has been released on bail, provided procedural safeguards are followed.
Preventive detention is justified when there is reasonable suspicion of future offenses, emphasizing that it is not punitive but precautionary in nature.
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
