PARVAIZ AHMAD MALIK Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-10-26
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 15,2020

Parvaiz Ahmad Malik Appellant
VERSUS
Union Territory Of JAndK Respondents




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"/129/2020 dated 14.03.2020, ordered detention of Parvaiz Ahmad Malik S/o Late Ab. Jabar Malik R/o Daril Payeen Tehsil Tarathpora, District Kupwara (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 neither chosen to file the counter affidavit nor have they produced the detention record.
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