The Bold Voice of J&K

HC upholds PSA of one, quashes detention of 5 under PSA



JAMMU/SRINAGAR: Jammu & Kashmir High Court quashed detention orders of five detenues held under Public Safety Act (PSA) and directed the authorities to release them from the custody where as uphold the detention under PSA of one. The Court while hearing the two separate petitions filed by Suhaib Azim Khan, Pethbugh Dialgam , District Anantnag, Basit Ahmad Shah, Magraypora Bapora Wanpora Tehsil Chadoora District Budgam, Jahangir Ahmad Bhat resident Wahibugh Tehsil & District Pulwama, Kamaljeet Singh resident of Jammu, Ali Hassain of Jammu challenging their detention orders passed against them by District Magistrates Anantnag, Budgam, Pulwama and Jammu, quashed all detention orders and directed the jail authorities to release both the detenues forthwith from the custody, if they are not required in any other case whereas High Court upheld the detention of Mohammad Shaban Bhat seeking quashment of Order no.K7160/2021 dated 10.09.2021 (for brevity ‘order impugned’) passed by Divisional Commissioner, Kashmir (for short ‘detaining authority’), in terms of Section 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. Justice Rajneesh Oswal, while quashing the detention order of Kamaljeet Singh and Ali Hussain order of detention, is not sustainable in the eyes of law as the respondent was under obligation to bring to the notice of respondent all the material facts so that the respondent No. 2 would have been in a position to derive his subjective satisfaction with regard to the existence of grounds necessitating the detention of the petitioners. Justice Vinod Chatterji Koul while quashing the detention orders of Suhaib Azim Khan, Basit Ahmad Shah and Jahangir Ahmad Bhat observed that it is evident that the whole of the material was not placed before the detaining authority so as to enable it to record its subjective satisfaction that the passing of detention order is necessary so as to prevent the detenu from indulging in activities which are prejudicial to the security of the State. This too vitiates the order of detention.
While upholding the detention under PSA of Mohammad Shaban Bhat passed by Divisional Commissioner, Kashmir (for short ‘detaining authority’), in terms of Section 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Justice Vinod Chatterji Koul observed that the present case relates to illicit trafficking of narcotic drugs. The drug problem is a serious threat to public health, safety and well-being of humanity. Our global society is facing serious consequences of drug abuse and it undermines the socio-economic and political stability and sustainable development. Besides, it also distorts health and fabric of society and it is considered to be originator for petty offences as well as heinous crimes, like smuggling of arms and ammunition and money laundering. Involvement of various terrorist groups and syndicates in drug trafficking leads to threat to the national security and sovereignty of States by way of Narco-terrorism. Drug trafficking and abuse has continued its significant toll on valuable human lives and productive years of many persons around the globe. With the growth and development of world economy, drug traffickers are also seamlessly trafficking various type of drugs from one corner to other ensuring availability of contrabands for vulnerable segment of society who fall into trap of drug peddlers and traffickers. Due to India’s close proximity with major opium growing areas of the region, India is facing serious menace of drug trafficking and as a spill-over effect, drug abuse especially among the youth is a matter of concern for us and Our Constitution framers had visualized danger of misuse of such type of substances and, thus, made it part of directives issued to the State. The Directive Principles, which are part of our Constitution, lay down that the State shall make endeavours to bring about the prohibition of substances injurious for health except for medicinal and scientific purposes. In recent years, India has been facing a problem of transit traffic in illicit drugs. The spillover from such traffic has caused tribulations of abuse and addiction. This trend has created an illicit demand for drugs within the country. The illicit traffic in narcotic drugs and psychotropic substances poses a serious threat to the health and welfare of the people and activities of persons engaged in such illicit traffic have a deleterious effect on the national economy as well. Having regard to the persons by whom and the manner in which such activities are organised and carried on, and having regard to the fact that in certain areas which are highly vulnerable to the illicit traffic in narcotic drugs, such activities of a considerable magnitude are clandestinely organised and carried on, it is necessary for the effective prevention of such activities to provide for detention of persons concerned in any manner therewith.

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