IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Reserved on: 06.09.2022

Pronounced on: 13.09.2022

WP(Crl) No.54/2022

REYAZ AHMAD GANIE

...PETITIONER(S)

Through: -

Mr. M. A. Wani, Advocate, with

Mr. Z. A. Wani, Advocate.

Vs.

UT OF J&K & ORS

…RESPONDENT(S)

Through: -

Mr. Sajad Ashraf, GA.

CORAM:

HON9BLE MR. JUSTICE SANJEEV KUMAR, JUDGE.

JUDGMENT

1)

Impugned in this petition is the order of detention bearing

No.DIVCOM-<K=/190/2022 dated 31.01.2022, passed by Divisional

Commissioner, Kashmir, (the detaining authority), whereby Mr. Reyaz

Ahmad Ganie (the detenue) has been ordered to be detained in preventive

custody with a view to prevent him from committing any of the acts

within the meaning of Illicit Traffic in Narcotic Drugs and Psychotropic

Substances Act, 1988 (the Act of 1988). The impugned order has been

assailed by the detenue through his wife, namely, Safeena Begum, on

various grounds which I shall advert to after briefly noticing the facts

leading to the passing of the impugned order of detention.

2)

Senior Superintendent of Police, Kupwara, vide his letter

No.CS/DOS-03/2022.759-62 dated 24.01.2022, submitted record of

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activities of the detenue in the shape of dossier to the detaining authority.

In the dossier the information provided to the detaining authority, inter

alia, included that the detenue, who is a resident of Ganie Mohalla,

Kupwara, and has read up to 8^th class, has been indulging in illicit

trafficking of drugs and psychotropic substances. The activities detenue

has been indulging in over a period of time have posed a serious threat

to the health and welfare of the people especially the youth of District

Kupwara. The detenue was apprehended by the personnel of Police Post,

Bazaar, Kupwara, on 15.02.2021, and was found in possession of

8Charas9 weighing 25 grams which he had obtained through illegal

sources. A case FIR No.38/2021 under Section 8/20 NDPS Act was

registered in Police Station, Kupwara. It is further stated that during the

course of investigation, statements of witnesses were recorded and the

samples seized were got examined from FSL, Srinagar. It is submitted

that after completion of investigation, charge sheet was filed before the

competent court. It is further submitted that in view of the activities of

the detenue, he is a committed drug trafficker and his activities are

causing damage to the society especially youth who are made addicted

to drugs.

3)

Acting upon the aforesaid dossier supplied by the police along

with other connected documents/material, the detaining authority

recorded its satisfaction that given the activities indulged in by the

detenue, it was necessary to detain him in preventive detention to prevent

him from committing the offences under NDPS Act. Invoking Section 3

of the Act of 1988, the detaining authority directed detention of the

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detenue with a direction to lodge him in Central Jail, Kote Bhalwal

Jammu, for a period to be specified by the Government/Advisory Board.

4)

The petitioner has assailed his detention, inter alia, on the

following grounds:

(I)

That the detenue at the time of detention was already on bail

and had not indulged in any culpable activity while on bail

and, therefore, there were no compelling reasons, much less

a justification, to put the detenue under preventive

detention;

(II)

That there is delay in passing the impugned order of

detention;

(III) That the material forming basis of the grounds of detention

and translated version thereof has not been provided to the

detenue;

5)

The respondents have filed their reply affidavit. It is the stand of

the respondents that the J&K Prevention of Illicit Traffic in Narcotic

Drugs and Psychotropic Substances Act, 1988, was repealed with the

promulgation of