Excelsior Correspondent
JAMMU, June 4: High Court of Jammu & Kashmir and Ladakh today upheld the detention under PSA of Mohammad Owais Gul, a narco smuggler.
After hearing both the sides, Justice Moksha Khajuria Kazmi observed, “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 imperiling 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”, High Court said.
“The record reveals that detenue at the time of execution of detention was provided copy of the detention order, copy of the grounds of detention, dossier of detention, copy of FIR, statements of witnesses and other related material. 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”, High Court said while dismissing the petition.
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