Excelsior Correspondent
JAMMU, Sept 4: High Court has quashed the detention of an alleged narcotics smuggler under Public Safety Act (PSA) and directed his release from the preventive custody forthwith.
Justice Ali Mohammad Magrey observed, “before taking note of the grounds of challenge taken in this petition to assail the impugned order, it would be appropriate to give brief resume of the activities of the petitioner-detenu Mushtaq Ahmad Khawaja, son of Ghulam Nabi Khawaja of Sopore, which have led him to preventive detention”.
“As is born out from the grounds of detention, he is a habitual indulgent in the trade of narcotics and psychotropic substances. The detenue was selling drugs to the young generation in Sopore area and thereby making the school going children who are future of the nation as drug addicts”, High Court said, adding “during the investigation, the detenue’s involvement was established and charge sheet was produced before the competent court of law. The detenu was bailed out but subsequently detained under preventive detention law”.
“The liberty of person (detenu) cannot be curtailed unless the guilt is proved against him. The concept of criminal law is that accused is presumed to be innocent till his guilt is proved. It appears that there is total non-application of mind on part of detaining authority while passing the detention order”, High Court said, adding “the detenue was not supplied the materials relied upon by the detaining authority. The detenu was provided material in the shape of grounds of detention with no other material / documents, as referred to in the order of detention”.
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