Excelsior Correspondent
JAMMU, Nov 17: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Tashi Rabstan and Justice Mohan Lal has upheld the detention under PSA of Mustaq Khan alias Lucky, an alleged narco smuggler.
“It is apposite to mention that our Constitution undoubtedly guarantees various freedoms and personal liberty to all persons in our Republic. However, it should be kept in mind by one and all that the constitutional guarantee of such freedoms and liberty is not meant to be abused and misused so as to endanger and threaten the very foundation of the pattern of our free society in which the guaranteed democratic freedom and personal liberty is designed to grow and flourish”, the DB said.
“The larger interests of our multi-religious nation as a whole and the cause of preserving and securing to every person the guaranteed freedom peremptorily demand reasonable restrictions on the prejudicial activities of individuals which undoubtedly jeopardize the rightful freedoms of the rest of the society. Main object of preventive detention is security of the State, maintenance of public order or preventive illicit traffic in narcotic drugs and psychotropic substances and combating abuse of such drugs and substances which poses threat to the health and welfare of people or have deleterious effect on the national economy, effective safeguards in the larger interest of sustenance of peaceful democratic way of life”, the DB further said.
“Further, in both the FIRs, which were lodged against the appellant-writ petitioner, the allegations against him are similar in nature, which shows that he was repeatedly indulging in illicit traffic of narcotics drugs. Therefore, there were compelling circumstances for the detaining authority to pass the detention order against the appellant-writ petitioner in order to prevent him from repeating similar activities, as launching of prosecution against him for substantive offences, did not deter him from indulging in similar activities”, the DB said.
With these observations, DB dismissed the appeal.
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