NISAR AHMAD KUMAR Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-10-29
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 09,2020

Nisar Ahmad Kumar Appellant
VERSUS
Union Territory Of JAndK Respondents


Referred Judgements :-

SURYA PRAKASH SHARMA VS. STATE OF U. P. AND OTHERS [REFERRED TO]
JAI SINGH AND ORS. VS. STATE OF JANDK [REFERRED TO]
IBRAHIM AHMAD BATTI ALIAS MOHAMMAD AKHTAR HUSSAIN ALIAS KANDAR AHMED WAGHER ALIAS IQBAL ALIAS GULAM VS. STATE OF GUJARAT [REFERRED TO]
T P MOIDEEN KOYA VS. GOVERMENT OF KERALA [REFERRED TO]
SAMA ARUNA VS. STATE OF TELANGANA AND OTHER. [REFERRED TO]


JUDGEMENT

Sanjay Dhar,J. - (1.)Divisional Commissioner, Kashmir, in exercise of powers conferred under Section 3 of the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as "Act of 1988"), has, vide order No.DIVCOM-"K"/100/2019 dated 21.10.2019, ordered detention of Shri Nisar Ahmad Kumar @ Naseera S/o Mohammad Ramzan Kumar R/o Kumar Mohalla Plan Bandipora (hereinafter referred to as the detenue).
(2.)Petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind. It has been further contended that the Constitutional and Statutory procedural safeguards have not been complied with in the instant case. It has also been urged that the allegations made against the detenue in the grounds of detention are vague and that the detenue has been disabled from making an effective representation against his detention because the material, on the basis of which detention order has been passed, has not been provided to the detenue.
(3.)Despite availing a number of opportunities, the respondents have not chosen to file the counter affidavit.
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