The single-judge stated that the involvement of the detenu in drug smuggling in the valley could not be overlooked since such activities have been considered by the detaining authority, while ordering his detention.
Bhat had challenged the detention orders on the grounds that while passing the same, the authority had not drawn its independent satisfaction and accepted the report submitted by the police without applying its mind.
He contended that he was booked in a false case registered against him under Sections 8 and 21 of the NDPS Act. He pointed out that he was out on bail within nine months of his arrest and thus there were no reasons to detain him under the preventive law.
On the other hand, the authorities filed an affidavit stating that the orders were preventive and not punitive in nature. All the procedures as contemplated by law have been followed, the authorities contended.
Justice Wani ruled that actions of the detaining authority in the present case cannot be faulted.
” … it cannot be concluded that the detention order is mechanically passed without the application of mind or the subjective satisfaction of the detaining authority.”
The plea was, therefore, rejected.
Advocate Ashraf Wani appeared for the petitioner while Deputy Advocate General Asif Maqbool represented the State.
Source: Barandbench
