Excelsior Correspondent
Srinagar, Nov 14 : High Court upheld the detention of a habitual drug peddler citing that the decision of detaining authority is made after a thorough assessment of individuals past actions
The petitioner-Subzar Ahmad Rather from Malipora, Devsar district Kulgam had questioned the order of his detention through his wife passed by the Divisional Commissioner Kashmir on January this year under the provisions of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance (PITNDPS) Act by virtue of which, he was placed under detention with a view to prevent him from committing any of the acts within the meaning of the Act.
Justice Wasim Sadiq Nargal dismissed the petition by observing that there is no merit as the detenue’s activities after being granted bail in two FIR’s under NDPS Act has reflected continued engagement in criminal activities and this persistent participation in illegal activities justifies the preventive detention order, as it highlights an ongoing and imminent threat to public safety, societal health and welfare.
“Given that ordinary laws have proven inadequate in preventing the drug trafficker from engaging in such activities, the detention order was issued. In light of these circumstances, the detention order made by the detaining authority is upheld”, Justice Nargal concluded.
The court while upholding the PSA of detenue-Rather said the decision of the Detaining Authority to detain the detenue is made after a thorough evaluation and the preventive detention can be imposed either before or during the prosecution of a case, and the fact that a prosecution is ongoing does not prevent the issuance of a detention order.
“Likewise, a preventive detention order does not bar subsequent criminal prosecution for related offenses. This dual approach seeks to strike a balance between protecting individual rights and ensuring public safety. The order of detention is fundamentally a preventive measure, designed to safeguard society”, reads the judgment.
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