Detention Order of Drug Peddler Quashed

Srinagar: The High Court of J&K and Ladakh has quashed detention order under Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act against an alleged drug peddler and ordered his release.
A bench of Justice Sanjay Dhar quashed the detention order passed by the Divisional Commissioner Kashmir on December 11 last year against Mohammad Ramzan Sofi from Bandipora, observing that he was provided material for making effective representation against the preventive detention.
“He has been provided copies of detention order (01 leaf), Notice of detention (01 leaf), grounds of detention (02), dossier of detention (Nil) and other related documents (Nil), (total 04 leaves). Thus, the petitioner has not been provided the copy of the police dossier,” the court said, adding, “Apart from this, if we have a look at the grounds of detention, it bears reference to FIR No.159/2017 for offences under Section 8/20, 8/22 of NDPS Act registered with Police Station, Bandipora. It was incumbent upon respondents (Div Com) to furnish not only the copy of the FIR but also the statements of witnesses recorded during investigation of the FIR and other material on the basis of which petitioner’s involvement in the FIR is shown.”
The court said that that the “vital safeguards against arbitrary use of law of preventive detention have been observed in breach by the respondents in this case rendering the impugned order of detention unsustainable in law.”
While quashing the detention order, the court ordered release of Sofi from the preventive custody forthwith “provided he is not required in connection with any other case.”


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