Excelsior Correspondent
JAMMU, Apr 21: High Court of Jammu & Kashmir and Ladakh has upheld the detention under PSA of Gulcharan Singh with the observation that the petitioner is an incorrigible drug peddler and would not be deterred by the ordinary law of the land.
After hearing AAG Amit Gupta for the UT, Justice Sanjeev Kumar observed, “as per the record, the petitioner has been indulging in illicit traffic of drugs very cleverly. He has been trafficking illicit drugs in small quantity so that he could easily obtain bail from the court without being caught by the rigors of Section 37 of the NDPS Act”.
“In such situation, challenge to the bail granted by the court to the petitioner in respect of either a small quantity or an intermediate quantity of illicit drug would have been a futile exercise”, High Court said, adding “the grounds of detention clearly reflect proper application of mind by the Detaining Authority to all aspect of the matter and in particular the propensity of the petitioner in indulging in illicit trade of illicit drugs and narcotics”.
“Registration of five cases in a row and the propensity of the petitioner to repeatedly indulge in illicit traffic of small quantity of a contraband which fetches highest price in international market was material good enough to invoke PITNDPS. The Detaining Authority, as is clearly apparent from the grounds of detention, applied its mind and reached subjective satisfaction that the petitioner is an incorrigible drug peddler and would not be deterred by the ordinary law of the land, therefore, it is imperative to place him under preventive detention with a view to preventing him from indulging in illicit traffic of narcotic drugs and psychotropic substances”, High Court said.
With these observations, High Court dismissed the petition.
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