STATE TIMES NEWS
JAMMU: Justice Moksha Khajuria Kazmi of Jammu & Kashmir and Ladakh High Court today upheld the detention under PSA of Mohammad Owais Gul Narco Smuggler.
Justice Moksha Khajuria Kazmi after hearing both the sides observed that It is trite law that an order of detention is not a curative or reformative or punitive action, but a preventive action, avowed object of which being to prevent the anti-social and subversive elements from imperilling the welfare of the country or the security of the nation or from disturbing the public tranquility or from indulging in smuggling activities or from engaging in illicit traffic in narcotic drugs and psychotropic substances etc. Preventive detention is devised to afford protection to society. The authorities on the subject have consistently taken the view that preventive detention is devised to afford protection to society. The object is not to punish a man for having done something but to intercept before he does it, and to prevent him from doing so.”
Court after perusal of detention record reveals that detenue at the time of execution of detention was provided copy of the detention order (01 Leaf), copy of the grounds of detention (02 Leaves), Dossier of detention (04 leaves), copy of FIR, statements of witnesses and other related material (44 leaves).
The detenue, as record would reveal, was also informed as regards making of representation against the detention order if he so desires, both to Detaining Authority and the Government. The grounds of detention have been read over to the detenue in the language he understands in presence of witnesses, whose signatures are affixed overleaf the detention order. The grounds of detention are definite, proximate and free from any ambiguity. The detenue has been informed with sufficient clarity what actually weighed with the Detaining Authority to pass the detention order. The Detaining Authority has narrated facts and figures that made it to exercise its powers under Section 3 of NDPS Act, to record subjective satisfaction that detenue was required to be placed under preventive detention in order to prevent him from committing any of the acts within the meaning of illicit trafficking of narcotic drugs. The Detaining Authority has informed the detenue that he is an accused in aforementioned cases, involving illegal trafficking of narcotic substances, which poses serious threat to the society, particularly health, wealth and welfare of the people, especially young generation. The detenue, therefore cannot be heard saying that any of his Constitutional and Statutory rights have been violated by the detention order. For all what has been discussed above, this Court finds no perversity in the impugned order No. DIVCOM-“K”/76/2023 dated June 5, 2023, as such, the petition dismissed.