STATE TIMES NEWS JAMMU: Justice Sanjeev Kumar of J&K High Court Srinagar Wing dismissed a petition filed by Khaleeq Ahmad Sheikh seeking quashment of PSA. Justice Kumar observed that the preventive detention of the detenu ordered by the Divisional Commissioner, Kashmir in exercise of the powers vested in him under Section 3 of the J&K Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, is the subject matter of challenge in this petition for habeas corpus. “Before taking note of the grounds of challenge taken in this petition to assail the impugned order, it would be appropriate to give brief resume of the activities of the petitioner, which have led him to preventive detention. As is born out from the grounds of detention served on the detenu, he is a habitual indulgent in the trade of narcotics and psychotropic substances. On January 22, 2017, the detenu along with his associate was apprehended by a police party of police post Taad at Dalair post opposite Chatkadi. During search, brown sugar (heroin) weighing one kilogram was recovered from his possession. As the result, FIR No.04/2017 under Section 8/20 NDPS Act was registered in the police station Karnah against the detenu. Although, it is not clear from the grounds of detention as to what happened in the aforesaid FIR and how the detenu came out of the police custody, yet on June 25, 2018, he was once again apprehended and was found to be in possession of 140 grams of heroin. Another FIR, being FIR No.37/2018 under Section 8/21 NDPS Act, came to be registered in police station Karnah. The detaining authority after arriving at a satisfaction that the detenu is an incorrigible drug peddler, operating in an organised and well-planned manner and thereby posing serious threat to the life and health of the people, particularly younger generation and with a view to prevent the detenu from further committing the offence(s) under NDPS Act, passed the order of detention bearing No. DIVCOM-K767/2018 dated August 4, 2018, impugned in this petition”, the court held.
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