HC quashes PSA of alleged narco smuggler

Excelsior Correspondent

JAMMU, Feb 8: High Court has quashed the detention under PSA of Vishal Sharma ordered by Divisional Commissioner Jammu.
After hearing Advocates Pawan Khajuria and Baldev Singh for the petitioner, Justice Rahul Bharti observed, “exercise of power on the part of the Divisional Commissioner, Jammu is nothing but mechanical in nature and is thus antithesis to the fundamental right to personal liberty and dignity of a citizen of India”.
“If the petitioner would be found guilty of commission of offences for which he is facing trial before the criminal courts then the petitioner would be suffering the sentences deserving against him but till that happens the preventive detention cannot come in between as a substitute for the purpose of inflicting punishment upon the petitioner by reference to three FIRs as such, the impugned detention Order No. PITNDPS 10 of 2022 dated 06.09.2022 passed by the Divisional Commissioner, Jammu read with consequential order of confirmation of detention order of the petitioner is quashed”, High Court said.
“The petitioner is restored to his personal liberty and be released forthwith from the place of his lodgement by reference to the impugned detention order”, High Court ordered.