MUZAFFAR AHMAD MARAZI Vs. UT OF J&K
LAWS(J&K)-2020-12-102
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 23,2020

Muzaffar Ahmad Marazi Appellant
VERSUS
Ut Of JAndK Respondents

JUDGEMENT

SANJEEV KUMAR, J. - (1.)Impugned in this petition is the order of detention bearing No.DIVCOM-"K"/112/2020 dated 08.02.2020, passed by Divisional Commissioner, Kashmir, (hereinafter the detaining authority), whereby Mr. Muzaffar Ahmad Marazi (hereinafter the detenue) has been ordered to be detained in preventive custody with a view to prevent him from committing any of the acts within the meaning of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (the Act of 1988). The impugned order has been assailed by the detenue through his mother, namely, Mymoona Begum, on various grounds which I shall advert to after briefly noticing the facts leading to the passing of the impugned order of detention.
(2.)Senior Superintendent of Police, Sopore, vide his letter No.Pros/PSA/2020/3893 dated 01.02.2020, submitted the record of activities of the detenue in the shape of dossier to the detaining authority. In the dossier the information provided to the detaining authority, inter alia, included that the detenue, who is a resident of Sofi Hamam Baramulla, has been indulging in illicit trafficking of drugs and psychotropic substances. The activities detenue has been indulging in over a period of time have posed a serious threat to the health and welfare of the people of valley in general and of Sopore area in particular as well as well as the economy of the country. The detenue was apprehended by the personnel of Police Station, Tarzoo, on 21st of January, 2020 and was found in possession of 200 capsules of Spasmo Proxyvan Plus (contraband drugs) which he was attempting/intending to sell among local youth. A case FIR No.04/2020 under Section 8/22 of NDPS Act was registered in Police Station, Tarzoo. It is further stated that prior to this criminal case two more cases i.e. FIR No.157/2014 and 75/2018 were registered under Section 8/22 in Police Station, Tarzoo. It is submitted that the detenue is presently under police custody in FIR No.04/2020 and there is likelihood of him being admitted to bail as the bail application on his behalf has been filed before the court of law. On the basis of two occurrences in which the detenue was caught with contraband, the police concluded that the detenue was a committed drug trafficker and his activities if not checked would destroy generation of youth. Accordingly, the police recommended that in view of activities of the detenue, it was imperative to put him under preventive detention.
(3.)Acting upon the aforesaid dossier supplied by the police along with other connected documents/material, the detaining authority recorded its satisfaction that given the activities indulged in by the detenue, it was necessary to detain him in preventive detention to prevent him from committing the offences under NDPS Act. Invoking Section 3 of the Act of 1988, the detaining authority directed detention of the detenue with a direction to lodge him in District Jail, Anantnag, for a period to be specified by the Government/Advisory Board.
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