Jammu: Justice Tashi Rabstan of J&K High Court today dismissed a petition filed by Nissar Ahmed @ Mama Krishta son of Shri Abdul Ghani R/o Chandi Marh, Tehsil Surankote, District Poonch alleged Drug Peddler seeking quashment of PSA .
While dismissing the petition, Justice Tashi Rabstan after hearing Adv I H Shah for the detenue whereas Govt Advocate Amit Chopra for the State observed that detenu, at the time of execution of detention order, was provided copy of the detention order, copy of the grounds of detention, and other material that finds mention in the detention order, to enable the detenu to make a representation against his detention. The detenu has also been informed that he can file representation against his detention. The grounds of detention are definite, proximate and clear from any ambiguity.
The detenu is informed with sufficient clarity what actually weighed with the Detaining Authority while passing the detention order. The Detaining Authority has narrated facts and figures that made the authority to exercise its powers under section (3) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, and record subjective satisfaction that the detenu was required to be placed under preventive detention in order to prevent him from committing the offence under the provisions of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988.
The detaining authority has informed the detenu that the detenu is an accused in as many as in 02 criminal cases, involving drug peddling and other anti-social activities, which has caused great threat to the health, wealth and welfare of the people especially young generation in the State in general and District Rajouri in particular, besides activities of detenu have deleterious effect on the National and State economy and that detenu was bailed out but every time he recycled into the illicit trade and has not bothered to mend his activities. So viewed the detenu is not to be heard saying that any of his Constitutional and Statutory rights have been violated while the detention order in question was slapped on him and thereafter executed.
Justice Tashi Rabstan further observed that it needs to mention here that on the recommendation of the Advisory Board, the order and period of detention of the detenu has been rightly confirmed/approved by the Government vide Order No. Home/PB-V/2149 of 2017 dated 13th of November, 2017, detaining the detenu for a period of one year in Central Jail, Kotbhalwal, Jammu, with these observations High Court dismissed the petition.