'Drug Abuse Taking A Toll On Lives Globally': J&K High Court Upholds Preventive Detention Of Alleged Drug Trafficker

Justice Wasim Sadiq Nargal thus upheld the preventive detention of an alleged drug trafficker hailing from Punjab.

“Drug trafficking along with drug abuse, especially by younger generation has continued its significant toll on valuable human lives and productive years of many persons around the globe. With the growth and development of world economy, drug traffickers are also seamlessly trafficking various type of drugs from one corner to other ensuring availability of contrabands for vulnerable segment of society who fall into trap of drug peddlers and traffickers”.

The observations come in a petition filed by the detainee himself, challenging the grounds for his detention under the potent Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988.

The petitioner assailed his detention arguing that the detaining authority had failed to make a convincing case for why conventional legal measures were insufficient to deal with the detenue's alleged transgressions. He further argued that critical pieces of evidence, including a copy of the First Information Report (FIR) and other pertinent documents, were withheld from the detenue, effectively obstructing his ability to mount an effective challenge against his detention as enshrined in Article 22(5) of the Indian Constitution.

Per contra the respondents contended that the detaining authority had meticulously weighed the situation and, based on a subjective evaluation, concluded that the detenue posed an unequivocal threat to the nation's health and well-being, with a high likelihood of engaging in illicit activities if granted bail. They also accused the detenue of deliberately concealing vital information that he was afforded a personal audience with the Central Advisory Board, which meticulously reviewed his case and extended an opportunity for representation through legal counsel.

Furthermore, respondents claimed that the detenue had a documented history of involvement in multiple instances of drug trafficking, suggesting a disturbing pattern of conduct detrimental to the broader community.

Scrutinising the presented arguments and the record available Justice Nargal acknowledged that preventive detention primarily aims to forestall individuals from re-engaging in prejudicial activities, based on their historical behaviour.

Recognising the profound menace posed by drug trafficking, transcending borders and imperilling public health, safety, and national stability the court endorsed the fact that the detention order adhered to the prescribed legal procedure, affording the detenue his due notice.

“As the detenue is a habitual drug peddler involved in the number of cases in NDPS Act, thus, this Court is of the view that through the conscious involvement in illegal drug trafficking and psychotropic substances, the detenue has engaged himself in the prejudicial activities of illicit trafficking of narcotics and psychotropic substances which poses a serious threat to the health and welfare of the people of District Jammu and other adjoining area’. The court maintained.

Also taking note of the fact that the Central Advisory Board had permitted the detenue to secure legal counsel, however, the detenue personally opted to represent himself at the hearing, the court observed that the board had tendered its opinion after considering all the facts and circumstances of the case.

“…The Advisory Board, wherein, he was heard and after the conclusion of the hearing, Advisory Board provided the detenue further opportunity of fifteen days to forward his representation, if any, through his counsel but the detenue had not availed the said opportunity”, Justice Nargal added.

Having regard to these facts and circumstances the court declined intervention and dismissed the petition.

Case Title: Happy Singh vs. Union of India

Citation: 2023 LiveLaw (JKL) 238

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