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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Sham Din @ Shama – 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 32 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 there is no proximate and live link between the alleged incidents forming basis of the grounds of detention with the order of detention as a result of which the same becomes unsustainable in law. It has also been contended that the State had filed an application seeking cancellation of the bail granted to the petitio
Preventive detention – Tentativeness on part of detaining authority in drawing conclusion regarding nature of activities of petitioner vitiates subjective satisfaction drawn by it.
The importance of subjective satisfaction in detention matters and the limitations of judicial review.
Detention under PITNDPS valid in custody if triple test met, but quashed for failing to forward report to Central Government within 10 days under Section 3(2).
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.
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