Early Times Report
Jammu, Mar 28 : Observing that it was not the number of acts that were to be determined for detention of an individual but it was impact of the act which was material and determinative, high court (Srinagar wing) judge Tashi Rabstan today dismissed petition seeking quashment of PSA of a narco-smuggler.
The court said the act of detenue Jehangir Ahmad Khan "relates to drug trafficking which has posed a serious threat to the health and welfare of people, especially youth, most particularly unemployed youth, who indulge in such acts". Jehangeer, son of Mohammad Ayoub Khan of Wanigam Bala, Baramulla, was placed under detention and lodged in district jail, Kupwara.
He was apprehended by Keeri police on December 19, 2015 along with four odd bottles of Codine Phosphate and booked under section 8/22 of NDPS Act. Again on December 23, 2015, he was alleged to have been apprehended with eight bottles of Codine Phosphate. It was pleaded that a total of 61 bottles of Onrex were also seized from him. A case in this regard was registered against him at Police Station, Pattan. According to petitioner, he was not involved in any of the above mentioned three cases and had been released on bail in all of them.
Justice Rabstan, after hearing the two sides, observed that it would be appropriate to reiterate here that preventive detention was an anticipatory measure and "does not relate to an offence while the criminal proceedings are to punish a person for an offence committed by him. They are not parallel proceedings. The object of law of preventive detention is not punitive but only preventive. It is resorted to when the executive is convinced that such detention is necessary in order to prevent the detainee from acting in a manner prejudicial to certain objects which are specified by the concerned law".
"It is pertinent to point out here that it is not to be seen that how many times the detenue has indulged in the act but it is to be realised that what is its impact and ramification on social fabric of the society," the court said.
With these observations, the court dismissed the petition seeking quashment of PSA. (JNF) |
