SRINAGAR: The J&K High Court has upheld the preventive detention of an alleged drug dealer, remarking that the accused was an incorrigible drug peddler, operating in a planned manner.
Upholding the detention of Khaleeq Ahmed Sheikh, Justice Sanjeev Kumar said, “I do not find anything wrong with the satisfaction arrived at by the detaining authority that normal law of the land, that is provisions of NDPS Act, would not be sufficient to deter the detenue from rebuilding his activities.”
Citing the Constitution Bench Judgement in case of Rekha (supra) and in case of Haradhan Saha (supra), Justice Kumar dismissed the petition with an analysis that the detenue is a habitual drug peddler.
The drug peddling cases are reportedly on increase in the valley with the accused said to avail bails from courts and resume activities.
Khaleeq is also accused of indulging in drug peddling again after getting bail in the first instance.
“The detenue is a habitual and incorrigible offender and is a part of an organised and well-planned drug mafia. Though he has been active in the trade for last several years, but was apprehended for the first time on 22nd January 2017 with cache of one-kilogram brown sugar (Heroin) which is worth lakhs of rupees in the international market. Though the FIR was registered in the police station Karnah under Section 8/20 NDPS Act, but he was granted bail by the competent court of jurisdiction.”
“The mere fact that despite having extremely serious allegations and recovery of one kilogram of heroin, the detenue has succeeded in hoodwinking the substantive law itself speaks volumes about the necessity to keep such a person under preventive detention so that he is prevented from indulging in such activities,” court recorded.
The court further noted that the detenue is such a compulsive offender that his earlier arrest did not deter him from his activities. A year after he was once again apprehended by the police and 140 grams of heroin was recovered from his possession. Anticipating that he would get bail once again if he moves court, the Divisional Commissioner Kashmir passed a preventive detention order on him in August 2018.