JUDGEMENT

1. Impugned in this petition, filed for issuance of a writ in the nature of habeas corpus, is an order of detention bearing No.PITNDPS-49 of HCP No.85/2023 2 2023 dated 12.10.2023 [“impugned detention order‟] passed by the Divisional Commissioner, Jammu [“the Detaining Authority”]

whereby the petitioner has been placed under detention with a view to preventing her from indulging in repeated “ illicit trafficking ” in narcotics and psychotropic substances.

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 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 [“the PITNDPS Act”] . The detention of the petitioner is ordered primarily on the ground that she has been, over the time, consistently engaged in illicit traffic in narcotic drugs and psychotropic substances, in that, three FIRs i.e. (i) FIR No.364/2020 under 8/21/22 NDPS Act, (ii) FIR No.119/2022 under Section 8/21/22 NDPS Act, and (iii) FIR No.381/2023 under Section 8/21/22 NDPS Act stand registered in Police Station, Kathua and final reports in respect thereto hav