TASHI RABSTAN,J. - (1.)Shri Nissar Ahmed @ Mama Krishta son of Shri Abdul Ghani R/o Chandi Marh, Tehsil Surankote, District Poonch (for short "detenu") has been, vide Order impugned bearing No.PITNDPS-02 of 2017 dated 21st of September, 2017, passed by Divisional Commissioner, Jammu (respondent No.2) here (for brevity "detaining authority") placed under detention and lodged in Central Jail, Kote Bhalwal, Jammu.
(2.)The case set up in the petition is that FIRs No. 128/2017 and 154/2017 were registered at Police Station, Rajouri against the detenu for commission of offence punishable under Sections 8/20 NPDS and 341/323/382. Challan has also been produced which is pending before the Court of learned Principal Sessions Judge, Rajouri. It is contended that the petitioner was enlarged on bail by the competent Court of law and is now facing the trial. It is also contended that petitioner is working as fruit vendor and supporting his family and the order impugned has been passed by the detaining authority on the basis of false, fabricated and concocted facts forwarded by sponsoring authority. It is also contended that the petitioner is not involved in any criminal activity on the basis of which detention order is passed against him. It is maintained in the petition that grounds of detention as formulated by the Divisional Commissioner have been incorporated in the dossier which ipso facto demonstrate complete non-application of mind on part of detaining authority and that no compelling reasons have been assigned. The detenu is stated to have been falsely implicated in the aforementioned FIRs, when the detenu has not at all any remote connection with the allegations levelled in the FIRs. For quashment of detention order, case-law has been referred to by the learned counsel for the petitioner, which are Naseer Ahmed Pandit Vs. State of J&K and ors., 2017 (2) JKJ (HC) 637 and Tariq Ahmad Dar Vs. State of J&K and ors., 2017 (3)JKJ (HC) 684.
(3.)Mr. Amit Chopra, learned counsel for respondents objects the petition on the ground that detention order has been passed in exercise of powers vested with detaining authority in pursuance of section 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988, with a view to prevent detenu from indulging in illegal trade of illicit traffic in narcotic drugs and psychotropic substance. He insists that drug trafficking poses a great threat to the society for the reason that proceeds of drug sale can be utilized for financing of other criminal activities and that detenu has made the life of peace loving citizens of Rajouri miserable and have caused scare among the parents. He contends that consignment seized from detenu?s possession shows that detenu is fully involved in illegal trade with conscious mind, in an organized manner, which is great threat for sustaining moral values of the society, thus, this aspect poses a serious threat to the health, wealth and welfare of the people especially young generation in the State.