Dismisses plea of drug peddlers seeking quashing of detention
Srinagar: The J&K High Court on Thursday dismissed pleas of three drug peddlers seeking quashing of their preventive detention.
“Our society is facing serious consequences of drug abuse and it undermines socio-economic and political stability and sustainable development. Besides, it also distorts the health and fabric of society and it is considered to be originator for petty offences as well as heinous crimes, like smuggling of arms and ammunition and money laundering,” Justice Tashi Rabstan said.
The court recorded that it would be dangerous for the people at large to wait and watch as by the time ordinary law is set into motion, the person having dangerous designs would execute his plans and expose the general public to risk and cause colossal damage to life and property.
“It is, for that reason, necessary to take preventive measures and prevent a person bent upon perpetrating mischief from translating his ideas into action. Article 22 of Constitution of India, therefore, leaves scope for enactment of preventive detention laws,”the court said.
“Laws can never be enforced unless fear supports them,” the
court said while quoting author and thinker Sophocles who said that every right-thinking citizen is duty bound to show esteem to law for having an orderly, civilised and peaceful society.
“It is apposite to mention that our Constitution undoubtedly guarantees various freedoms and personal liberty to all persons in our Republic. However, it should be kept in mind by one and all that the constitutional guarantee of such freedoms and liberty is not meant to be abused and misused so as to endanger and threaten the very foundation of the pattern of our free society in which the guaranteed democratic freedom and personal liberty is designed to grow and flourish,” the judge said.