(MENAFN- Kashmir Observer) Srinagar- Observing that illegal trade in narcotic drugs and psychotropic substances poses significant risks to public health and welfare, the High Court of J&K and Ladakh has dismissed a petition a resident of Pampore Pulwama, seeking quashing of preventive detention order passed against him by Divisional Kashmir under Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
“The present case relates to illicit trafficking of narcotic drugs. The grounds of the detention indicate the alleged involvement of the detenu in the trafficking of 66.58 kg of brown sugar,” a bench of Justice Wasim Sadiq Nargal observed after hearing counsel for the petitioner and the government.
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The court was hearing the petition filed by one Mohammad Tajamul Masoodi of Pampore through his family member, challenging the Divisional Commissioner's order in March this year.
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“The grounds for detention emphasize the recurring nature of these offences, which pose a significant threat to public health and societal stability,” the court said, adding,“Drug abuse not only affects individual lives but also undermines the socioeconomic fabric of communities.”
The interconnectedness of these offences, the court said, indicates a broader issue that impacts national security and health.
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“The global drug problem aggravates challenges faced by societies, particularly as younger generations fall victim to addiction,” the court said, adding,“Traffickers exploit vulnerabilities, ensuring a continuous supply of narcotics, which further endangers public safety and well-being.”
The court said that Directive Principles of State Policy, which are part of Constitutions, lays down that the State should strive to prohibit harmful substances, except for medical and scientific uses.“Recently, India has been struggling with issues related to the transit of illegal drugs, which has led to increased cases of abuse and addiction. This situation has generated a growing demand for drugs within the country,” the court said, adding,“The illegal trade in narcotic drugs and psychotropic substances poses significant risks to public health and welfare, and the activities of those involved in this trade also negatively impact the national economy as well.”
Preventive detention serves as a proactive measure employed by the executive when it believes that detaining an individual is necessary to prevent actions that could harm specified interests outlined by law, the court said.
“Unlike criminal proceedings, where an offence must be established, preventive detention is justified by suspicion or a reasonable belief about future conduct,” the court said and dismissed the plea by Masoodi.
“The ongoing observation and monitoring of the detenu's actions after being released on bail have shown a continued participation in criminal activities. This sustained involvement in unlawful and anti-national actions supports the rationale for the preventive detention order, as it indicates a persistent and immediate risk to public safety, health and welfare of the society and national security,” the court said, adding,“Since normal law has not been sufficient to stop drug trafficker from indulging in such activities, his detention order was passed and considering the aforesaid circumstances, the detention order made by the detaining authority stands upheld.”
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