HC Dismisses Heroin Smuggler’s Plea Under PITNDPS

SRINAGAR — The Jammu and Kashmir high court has dismissed a petition seeking dismissal of a plea against preventive detention under J&K Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS).

Khaleeq Ahmad Sheikh according to officials is a habitual indulgent in the trade of narcotics and psychotropic substances.

On 22nd January 2017, he along with his associate was apprehended by a police party of police post Taad at Dalair post opposite Chatkadi. During search, brown sugar (Heroin) weighing one kilogram was recovered from his possession.

In the result, FIR no.04/2017 under Section 8/20 NDPS Act, was registered in the police station Karnah against him. He was released later but on 25th June last year, he was once again apprehended and was found to be in possession of 140 grams of Heroin.

“In the instant case, it may be noted, that he is a habitual and incorrigible offender and is a part of an organised and well-planned drug mafia,” a bench of Justice Sanjeev Kumar said. 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, the court observed. 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 court said. “The mere fact that despite having extremely the serious allegations and recovery of one kilogram of Heroin, the detenu 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.” Sheikh is such a compulsive offender that his earlier arrest by the police did not deter him from continuing with his activities, the court said. “A year after he was once again apprehended by the police and 140 grams of Heroin was recovered from his possession.”

After dealing with all aspects, the court dismissed sheikh’s petition. 




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