MOHAMMAD AMIN DAR Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-12-103
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 23,2020

MOHAMMAD AMIN DAR Appellant
VERSUS
Union Territory Of JAndK Respondents


Referred Judgements :-

REKHA VS. STATE OF TAMIL NADU [REFERRED TO]


JUDGEMENT

PUNEET GUPTA, J. - (1.)The petitioner has challenged detention order No. DIVCOM- "K"/123/2020 dated 10.03.2020, passed by respondent No. 2, whereby the petitioner-Mohd. Amin Dar S/o Late Abdul Gani Dar has been detained in terms of Section 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter called the Act). The detention order has been challenged on the ground that the grounds of detention are vague and non-existent; that the order has been passed on an alleged single activity of the petitioner; that the petitioner was already in custody in FIR No. 27/2020 registered with Police Station, Magam and had neither applied for bail nor was bail due to him in view of the provisions of NDPS Act; that no reason has been given which compelled the respondents to issue the order of detention; that the respondent only relied upon police dossier and the copy of dossier and the material have not been provided to the petitioner while detaining the petitioner. The petitioner only understands Urdu and Kashmiri language whereas the detention order was in English and the translated version of the detention order has not been provided to the petitioner thereby depriving him of making effective representation in the matter.
(2.)The reply to the petition has been filed wherein the respondents have denied the assertions made in the grounds of the petition. It is submitted that the order has been passed strictly in accordance with the Act; that the petitioner was found in possession of Narcotic substance and the report of FSL also confirmed the same. The petitioner is involved in illegal trade of contraband and that the order impugned has been passed by the detaining authority after applying the mind. It is pleaded that the petition in hand be dismissed.
(3.)The record has been produced by the respondents.
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