J&K HC Upholds Preventive Detention Order in Narcotic Drugs Case, Citing Grave Threat to Public Health and Safety

In a significant ruling, the High Court of Jammu & Kashmir and Ladakh has upheld the order of preventive detention passed against Mohammad Ashraf Dar in a case related to illicit trafficking of narcotic drugs and psychotropic substances. The court, while pronouncing its judgment in WP (Crl) no.380/2022, emphasized the grave threat posed by drug abuse to public health, safety, and the welfare of society, particularly the younger generation.

In its detailed judgment, the High Court addressed several crucial aspects of the case. The court noted that the order of detention was passed by the Divisional Commissioner, Kashmir, under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The petitioner had argued that the detaining authority lacked jurisdiction to issue the order. However, the court held that the order was passed under the corresponding Central Act, which had been extended to the Union Territory of J&K.

The court further examined the grounds of detention and dismissed the petitioner's contention of vague allegations. It emphasized that the detaining authority had provided compelling and cogent reasons for the preventive detention order. The court observed that the detenu was involved in illegal drug trade, exploiting vulnerable individuals, particularly the youth, and fueling addiction and criminal activities.

Addressing the issue of procedural safeguards, the court examined the detention record and found that the material relied upon by the detaining authority had indeed been provided to the detenu. Therefore, the court held that the Constitutional and statutory safeguards under Article 22(5) had been upheld.

The court underscored the purpose and scope of preventive detention, highlighting that its objective was not punitive but preventive. It noted that the detention order was based on a reasonable probability of the detenu engaging in similar prejudicial acts in the future. The court further emphasized the serious menace of drug trafficking and abuse, which posed a threat to national security, sovereignty, and the overall well-being of society.

J&K High Court dismissed the writ petition and upheld the order of preventive detention. It confirmed the jurisdiction of the detaining authority and declared the grounds of detention to be valid. The court recognized the necessity of preventive detention to combat illicit traffic in narcotic drugs and protect public health and safety.

Mohammad Ashraf Dar vs  Union Territory of J&K and others