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2024 Supreme(Online)(J&K) 385

HIGH COURT OF JAMMU AND KASHMIR
BALDEV RAJ – Appellant
Versus
UNION TERRITORY OF JAMMU AND KASHMIR THROUGH COMMISSIONER SECY HOME AND ORS – Respondent


JUDGEMENT

6 01. Aggrieved of the order of detention bearing No. PITNDPS 09 of 2023 dated 19.04.2023 issued by the respondent No. 2 (hereinafter to be referred as “ the detaining authority ”) under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short, “the PITNDPS Act), the petitioner has filed the instant petition for quashing of the same on the following grounds:

    WP(Crl.) No. 63/2023 (1) That the petitioner is an illiterate person and not well conversant with the language of the detention order, was not provided the translated version of the grounds of detention, thereby enabling the petitioner to make an effective representation against the order of detention, as such, order of detention is in violation of Article 22(5) of the Constitution of India.
    (2) That impugned order of detention suffers from the vice of non-
    application of mind.
    (3) That there is no live and proximate link between the prejudicial activities alleged to have been committed by the detenue and the purpose of passing of the detention order, as old and stale incidents have been relied upon by



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