Srinagar- Underlining that the illicit traffic of narcotics and psychotropic substances poses threat to the health and welfare of every citizen in the world, the High Court of J&K and Ladakh on Wednesday dismissed a plea by a Punjab resident, challenging his detention under PITNDPS.
On 27 December 2022, authorities had detained Happy Singh of Mehtabgarh, Kapurthala, Punj under the
According to authorities, Happy Singh was involved in trafficking 52.424 Kgs of heroin and was also caught in possession of 100 grams of it.
In the grounds of detentions, the authorities said Singh was actively involved in trafficking of narcotic drugs and psychotropic substances.
“The Court must be conscious that the satisfaction of the detaining authority is “subjective” in nature and the Court cannot substitute its opinion for the subjective satisfaction of the detaining authority and interfere with the order of detention,” a bench of Justice Wasim Sadiq Nargal said, adding, “It does not mean that the subjective satisfaction of the detaining authority is immune from judicial reviewability. By various decisions, the Supreme Court has carved out areas within which the validity of subjective satisfaction can be tested.”
In the present case, the court said, the detenue was involved in trafficking of huge amount of heroine and was also caught in possession of the same.
“The detaining authority recorded finding that this has serious impact on the economy of the nation and is also satisfied that the detenue has propensity to indulge in the same act of smuggling and passed the order of preventive detention, which is a preventive measure,” the court said, adding, “Based on the documents and the materials placed before the detaining authority and considering the individual role of the detenue, the detaining authority satisfied itself as to the detenue continued propensity and his inclination to indulge in acts of prejudicial activities of illicit traffic of narcotics and psychotropic substances which poses threat to the health and welfare not only to the citizens of this country but to every citizen in the world.”
The offences committed by the detenue are so interlinked and continues in character and are of such nature that these affect security and health of the nation, the court said and dismissed his plea.
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