Excelsior Correspondent
Srinagar, Apr 29 : High Court observed that illicit trafficking of narcotics is a major threat to national security as it is also the originator of smuggling of arms and ammunition.
Justice V C Koul observed that drug trafficking is considered to be originator for petty offences as well as heinous crimes, like smuggling of arms and ammunition and money laundering as well as is threat to the national security and held the detention of drug peddler by Divisional Commissioner Kashmir as valid and sustainable in the eyes of law.
Mohammad Ashraf Dar of Ashmander Pulwama has been detained by Divisional Commissioner Kashmir vide order dated 25.05.2022 for the commission of offences under and in terms of Section 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, placed under preventive detention so as to prevent him from committing any of the acts/illegal activities coming within the purview of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act.
He has challenged his detention before the court and Justice Koul while hearing the counsel for the parties at length concluded that the petition of accused-Dar challenging his detention is without any merit and accordingly dismissed the same.
Justice Koul said the drug problem is a serious threat to public health, safety and well-being of humanity and 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 the health and fabric of society and it is considered to be the 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”, Court recorded.
With the growth and development of the world economy, the court added that drug traffickers are also seamlessly trafficking various types of drugs from one corner to another ensuring availability of contrabands for vulnerable segments 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”, Justice Koul said.
“The law of self-preservation and protection of the country and national security may claim in certain circumstances higher priority. For the reasons discussed above, the instant writ petition is without any merit and is, accordingly, dismissed”, Court concluded.
Court on passing of detention order by Divisional Commissioner Kashmir said the authority, making the order, cannot always be in possession of full detailed information when it passes the order and the information in its possession may fall far short of legal proof of any specific offence, although it may be indicative of a strong probability of impending commission of a prejudicial act. The Act of 1988, therefore, requires that the Central Government or a State Government must be satisfied with respect to any person that with a view to preventing him from engaging in illicit traffic in narcotic drugs and psychotropic substances, it is necessary so to do, make an order directing that such person be detained.
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