SRINAGAR: Observing that drug problem was a serious threat to public health and wellbeing of humanity, J&K High Court has dismissed a petition filed by an alleged drug peddler from Baramulla challenging his preventive detention by authorities last month.
Jahangeer Ahmad Khan of Wanigam Baramulla was detained vide an order (no. Divcom ‘k’/17/2016) by Divisional Commissioner, Kashmir on February 4 and lodged in district jail Kupwara.
According to him, Khan was arrested by police on December 19 last year with four bottles of Codine. After his release on bail, he again indulged in the illicit trade and was arrested with 8 bottles of codine phosphate on 23 December. After his release, Khan was again detained with 61 bottles of Ontex recovered from him, he said.
Khan’s counsel Ateeb Kanth submitted that he was released on bail in all three cases and that he was not involved in any of the cases.
However, the divisional commissioner objected the plea, maintaining that the order detaining Khan under section 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988 was passed to prevent him from drug trafficking which poses a great threat to the society.
“(Khan) started selling drugs in District Baramulla, particularly in Pattan and Kreeri area and motivated youth to get them addicted to drugs with the sole motive to increase his earnings,” the divisional commissioner added.
After hearing both the parties and going through the entire record, a bench of Justice Tashi Rabstan dismissed the petition.
“It is not number of acts that are to be determined for detention of an individual but it is the impact of the act which is material and determinative. In the instant case the act of detenu (Khan) relates to drug trafficking, which has posed serious threat, apart from health and welfare of the people, to youth, most particularly unemployed youth, to indulge in such acts, ramifications thereof would be irreversible,” the court said while dismissing Khan’s petition.
The court also observed that with the evolution of mankind from primitive stage to the stage of social welfare state, the administration of criminal law assumed great importance.
“As long as human beings were God-fearing and had faith that their actions were being watched by the Almighty the need for the administration of criminal justice was not felt. However, with the passage of time and the people becoming more materialistic, a section of the society consisting of misguided and disgruntled human beings lost faith in the Almighty and started thinking that their actions could not be seen by anybody,” the court said, adding that these misguided persons indulged in criminal activities which led to the necessity for administration of criminal justice.
Referring to the case, the court observed that drug problem was a serious threat to public health, safety and well-being of humanity.
“Our global society is facing serious consequences of drug abuse and it undermines the socio-economic and political stability and sustainable development,” the court added.