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2024 Supreme(Online)(J&K) 1806

HIGH COURT OF JAMMU AND KASHMIR
HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, J
SUBZAR AHMAD RATHER – Appellant
Versus
UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT) – Respondent


JUDGMENT :

1. The petitioner who happens to be wife of the detenue has filed the instant petition, and has called in question the impugned order of detention bearing No. DIVCOM-“K”/05/2024 dated 31.01.2024 issued by the Divisional Commissioner, Kashmir -respondent no. 2 [“the Detaining Authority”] under the provisions of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988 [for short ‘the PITNDPS Act”], by virtue of which, the detenue has been placed under detention with a view to prevent him from committing any of the acts within the meaning of the PITNDPS Act.

2. The impugned order of detention has been passed by the Detaining Authority in the exercise of power vested in it under Section 3 of the PITNDPS Act. The detention of detenue is ordered primarily on the ground that he has been continuously exposing and influencing the young and gullible minds, particularly, school going children by selling drugs to them, making them habitual addicts and that he has adopted the drug trafficking as his regular source of earning and has been motivating and influencing the young minds into the drug consumption, as such, the normal law has failed to prevent him fr

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