Excelsior Correspondent
JAMMU, May 10: High Court of Jammu & Kashmir and Ladakh has dismissed two habeas corpus petitions and upheld the detention of two narco smugglers.
Tahir Hussain Shah, son of Faquir Hussain Shah of Thannamandi challenged Order No.PITNDPS 21 of 2023 dated 19.07.2023 passed by Divisional Commissioner Jammu whereby he has been taken into preventive custody in terms of Section 3 of The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
The petitioner, Rafaqat Ali, son of Mohd Shafi of Udhampur challenged Order No.PITNDPS 37 of 2023 dated 14.09.2023 issued by Divisional Commissioner Jammu.
While dismissing the petitions, Justice Sanjay Dhar observed, “the detaining authority has recorded that even after being booked in substantive offences, the petitioners are still indulging in illicit traffic of drugs after getting bail from the court meaning thereby that the detaining authority has, in view of the repeated and continuous criminal activities of the petitioners, felt satisfied that normal criminal law has not deterred them from indulging in illicit traffic of drugs”.
“It is a trite law that subjective satisfaction of the detaining authority cannot be a subject matter of judicial review. Therefore, sufficiency or otherwise of the material for deriving subjective satisfaction is the domain of the detaining authority”, Justice Dhar said, adding “the court cannot sit in appeal or exercise its power of judicial review in this regard”.
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