LI Network
Published on: 28 August 2023 at 12:15 IST
The Jammu and Kashmir High Court, while upholding a detention order against a petitioner involved in illicit drug trafficking, has underscored the need for collaborative efforts between relevant agencies and community leaders to address the escalating issue of drug abuse, particularly among the youth.
Justice M A Chowdhary expressed,“The epidemic of drug abuse in younger generation has assumed alarming dimensions in the country. Prevention of drug abuse among adolescents requires awareness about its destructive results.
To overcome the menace of drug abuse, concerned agencies hand-in-hand with the community heads are required to come forward and deal with this menace with iron hand to save the society more particularly the young generation and families.”
The case pertained to a petitioner challenging a detention order issued by the Divisional Commissioner Kashmir under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act 1988 (PIT-NDPS).
The petitioner argued that the order was issued without adhering to proper constitutional and statutory safeguards.
He contended that the detention was in violation of legal mandates set by the Supreme Court and other High Courts, citing vague grounds of detention that lacked specific details for effective representation against the allegations.
Additionally, the petitioner highlighted that he had previously been arrested in connection with a narcotics-related case (FIR No. 04/2023) and was granted bail by the Sessions Judge.
The issuance of the detention order while facing trial for the same case raised concerns about double jeopardy.
In response, the authorities defended the detention order, asserting its necessity to prevent the petitioner’s involvement in illicit drug trade and the corruption of youth.
They presented substantial evidence indicating the petitioner’s connection to narcotics-related activities, emphasizing the importance of preventive detention to protect societal values and community well-being.
Upon careful consideration, the Court deemed the detention order lawful and justified. It ruled that the Divisional Commissioner possessed the authority to issue such orders and that the grounds of detention, while not required to meet the standard of criminal evidence, were reasonably linked to the objectives of prevention.
The Court reiterated that preventive detention aimed to intercept potential harm before it occurs and that the satisfaction of the detaining authority played a significant role in such cases.
The Court also took the opportunity to address the broader concern of drug abuse in society. It emphasized the immediate need for collaborative action between relevant agencies and community leaders to address the grave threat of drug abuse, particularly among the youth.
The Court highlighted society’s responsibility to safeguard the youth from the detrimental impact of narcotics and emphasized that preventive measures were aimed at securing the well-being of the younger generation and families.