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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Mohd. Arif – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. The petitioner, through the medium of the present petition, has challenged Order No. PITNDPS 41 of 2025 dated 04.07.2025 (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.
2. 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 the grounds of detention have not been explained to the petitioner in a language which he understa
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.
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....
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