Srinagar: The J&K High Court has dismissed a south Kashmir drug-trafficker’s petition for release, ruling that for effective prevention of the socio-economic and political disruption it is necessary to provide for detention of persons concerned in any manner with drug-trafficking.
The detainee, Mohammad Ashraf Dar, son of Abdul Rehman Dar, resident of Ashmander Pulwama, had challenged the detention order of 25 May, 2022 passed by the Divisional Commissioner Kashmir in terms of Section 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1988.
The accused had been placed under preventive detention and the official lawyer informed the court that the detainee is involved in illegal trade of narcotic drugs and psychotropic substances.
Counsel appearing for petitioner said that the order of detention passed by the Divisional Commissioner is without jurisdiction in terms of the Central Act. The officer is not competent to detain a person and that the competent officer is Secretary to Government, or the officer of the rank of Joint Secretary specially empowered in this behalf, he pleaded.
The official lawyer argued “the Act of 1988 stands repealed in terms of J&K Reorganization Act, 2019, and, as such, impugned order of detention has been passed under the corresponding Central Act, i.e., Prevention of Illicit Traffic in NDPS Act, 1988, which is extended to Union Territory of J&K by virtue of J&K Reorganisation (Removal of difficulties) Order, 2019, notified vide SO 3912 (E) dated 31.10.2020, by Ministry of Home Affairs, Government of India”.
The bench of Justice Vinod Chatterji Koul after hearing the arguments observed that the “detenu is dealing in illegal business of narcotic drugs and exploiting the immature minds of younger generation by making them dependent on drugs ,and to make them habitual addicts”.
The bench referred to the grounds of detention which state “the detenu is supplying drugs against hefty amounts to the immature youth, which in turn has exposed them to different kinds of immoral and illegal criminal tendencies and as such resort to thefts and other illegal activities in order to purchase drugs from detenu”.
“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 socio-economic and political stability and sustainable development,” said the court.
The court also held “the drug-trafficking distorts the health and fabric of society. Involvement of various terrorist groups and syndicates in drug-trafficking leads to threat to the national security and sovereignty of states by way of narcoterrorism.”
It observed “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”.
