Excelsior Correspondent
SRINAGAR, Oct 21: High Court directed for the release of two persons involved in drug abuse citing that the constitutional safeguards were not followed while passing orders of detention against them.
Two persons Bilal Ahmad Kand and Tariq Ahmad Mir were ordered to be detained by the Divisional Commissioner Kashmir vide orders dated 19.10.2022 and 16.12.2022 under the provisions of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act.
Detenue-Kand was arrested in FIR No.36/2022 Under Section 8/22 of the NDPS Act of Police Station, Rainawari as his activities were found to be prejudicial to the health and welfare of the people of the area as he had started motivating the youth for consumption of the drugs, so as to increase his earnings.
Thereafter order of detention against him was executed by the police and he was handed over to Superintendent, District Jail, Rajouri, for lodgement. He challenged the same on the ground that he has not been provided the whole detention record which prevented him from making an effective representation before the competent authority.
“Thus, it is evident that whole of the material relied upon by the detaining authority has not been provided to the petitioner-detenu which vitiates the order of detention. Failure on the part of the detaining authority to supply all of the material relied upon by him to the petitioner while issuing the order of detention, renders it illegal”, court concluded.
In detenu Mir’s detention, court said the grounds of detention, on its bare perusal, do not mention that detaining authority was aware of the fact that detenu had already been released on bail by this court. “This clearly indicates and shows total absence of application of mind on the part of detaining authority while passing an impugned order of detention. In that view of matter, the impugned detention order is vitiated”, reads the judgment.
The detenu-Mir set up his case before the court that he was arrested in the month of May, 2020, in connection with case FIR No.72/2020 under Section 8/20, 29 NDPS Act by Police Station, Awantipora and thereafter was bailed out in that FIR which fact has neither been mentioned in the grounds of detention nor did they file the appeal against the said bail order.
He has added that the post his release on bail, no fresh activity has been attributed to him, as such, alleged activities have lost proximity with the requirement of passing an order of detention as there is more than two year delay between alleged activity and order of detention and, therefore, delay between alleged activity and order of detention has rendered detention order illegal.
Justice V C Koul said that the record does not show or suggest that detenu has been furnished a copy of dossier, copy of FIR and other relevant material relied upon by detaining authority while issuing impugned detention order.
“Accordingly, these petitions are disposed of and detention Orders passed by Divisional Commissioner, Kashmir are quashed. Respondents are directed to release the detenues forthwith from the preventive custody, provided they are not required in any other case”, Court directed.
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