HAMIDA Vs. STATE OF J&K

JUDGEMENT

(1.) DETENUE , a 52 year old lady, is allegedly involved in destroying the social environment as she is dealing in narcotic drugs and psychotropic substance by selling charas, brown sugar and dust -charas. Earlier she had been arrested on 30.5.2004 in connection with FIR No.35/2004 for commission offence punishable under Section 20/28 NDPS Act but released on bail. Again she has been arrested on 26.10.2006 in connection with case FIR No.50/2006 for commission of same offence but released on bail. Now again she has been arrested on 21.5.2007 in connection with case FIR No.27/2007 P/S Lal Bazar for the commission of offence punishable under Section 20/28 NDPS Act. The activities of the detenue being a serious threat to the health, welfare of the people and highly prejudicial to the maintenance of public order compelled the detaining authority to pass the order of detention impugned. Detenue while in custody from 21.5.2007 in connection with case FIR No.27/2007 P/S Lal Bazar has been detained pursuant to detention order impugned dated 3.7.2008(wrongly quoted as order No.Div -Com/Dev -247/1/776 dated 4.7.2008 when the order of detention bears No.Div0Com -K/247 -I/2008 dated 3.7.2008) for a period of 12 months and as such lodged in Central Jail, Srinagar.

(2.) THE activities of the detenue no doubt are horrifying as her involvement in the alleged illicit traffic in narcotic drugs and psychotropic substance is absolutely unbecoming of a lady when she is known by the name of a mother, daughter and grandmother. These sweetest words are eclipsed by her alleged involvement in narcotic drugs. Social environment cannot be permitted to be polluted nor degradation by traffic in narcotic drugs allowed to operate.

(3.) GUARANTEE to the liberty of a person flows from Article 21 of the Constitution and before curtailing such liberty, adherence to law has no substitute. Preventive measures, so as to deter a particular wrong doer from indulging in activities prejudicial to the public order, is controlled by various safeguards which have the object of protecting the personal liberty. When a person is to be detained, he/she is to be given ample opportunity of making representation so as to show his/her innocence/non involvement relatable to the public order.