000HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

HCP No. 35/2023

Navjot Singh @ Bablu, age 31 years,

S/o S. Amar Singh,

R/o Indira Nagar, Tehsil R. S. Pura,

District Jammu.

At present detenue housed in

District Jail, Ambphalla, Jammu.

….. Petitioner

Through: Mr. K. S. Johal, Sr. Advocate with

Mr. Karman Singh Johal, Advocate &

Mr. Supreet Singh Johal, Advocate

Vs

1. Union Territory of Jammu & Kashmir

through Principal Secretary to Government,

Home Department,

Government of Jammu & Kashmir,

Civil Secretariat, Jammu.

2. Divisional Commissioner, Jammu.

3. Superintendent, District Jail, Ambphalla, Jammu.

4. Senior Superintendent of Police, J&K, Jammu.

.…. Respondents

Through: Mr. P. D. Singh, Dy. AG

Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

OR DE R

1 7 .1 1 .2 0 2 3

01.

Heard the learned counsel for the parties. Perused the

pleadings and the record attended therewith. The detention record

2 HCP No. 35/2023

produced from the end of the respondents pertaining to the

petitioner also perused.

02.

The petitioner is assailing loss of his fundamental right to

personal liberty, as guaranteed under article 21 of the Constitution

of India, by the preventive detention which he has come to suffer

by an Order no. PITNDPS 08 of 2023 dated 06.04.2023 passed by

the respondent no. 2- Divisional Commissioner, Jammu on being

requisitioned by the respondent no. 4 – Sr. Superintendent of

Police (SSP), Jammu. The preventive detention of the petitioner

was solicited and effected by taking recourse to section 3 of the

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic

Substances Act, 1988 (in short “PITNDPS Act”) read with SRO

247 dated 27.07.1988.

03.

In the understanding of the respondent no. 4 - Sr.

Superintendent of Police (SSP), Jammu, the petitioner was in a

continuous indulgence in drug peddling and criminal activities to

the extent of becoming a chronic criminal whose personal liberty

was being reckoned prejudicial to the maintenance of public order

on account of his involvement in many criminal offences related to

drug addiction, use of illegal sharp-edged weapons, drug peddling

activities, sum total of which was terrorizing the innocent citizens.

04.

For profiling the petitioner in such light, the respondent

no. 4 - Sr. Superintendent of Police (SSP), Jammu stitched a

dossier drawing reference from the following FIRs:-

3 HCP No. 35/2023

i.

FIR no. 65/2012 registered with Police Station Miran

Sahib Jammu for alleged commission of offence under

section 382/420/147/506/323 Ranbir Penal Code,

which resulted in a Police Report/Challan before the

competent Court of law presented on 21.12.2013;

ii.

FIR no. 59/2013 under section 307/147/148 Ranbir

Penal Code, 4/25 Arms Act, again registered with Police

Station Miran Sahib Jammu in which also Police

Report/ Challan having been produced against the

petitioner before the competent Court of law on

27.08.2013;

iii.

FIR no. 62/2015 under section 452/427/34 Ranbir

Penal Code, 4/25 Arms Act, registered with Police

Station Miran Sahib

Jammu

again resulting in

presentation of final Police Report/Challan having been

produced against the petitioner before the competent

Court of law on 06.08.2015;

iv.

FIR no. 137/2015 under section 8/21/22/29 of the

NDPS Act registered with the Police Station Miran Sahib

Jammu resulting in presentation of a final Police

Report/Challan on 27.10.2016 before the competent

Court of law;

v.

FIR no. 171/2015 under section 307/341/323/34

Ranbir Penal Code registered with Police Station Miran

Sahib which case was still in a state of investigation

with the Police Station Miran Sahib Jammu;

vi.

FIR no. 81/2016 under section 8/21/22/29 of the

NDPS Act registered with Police Station Hiranagar

resulting in presentation of a Police Report/Challan

before the competent Court of law;