High Court of Jammu & Kashmir, Srinagar
High Court of Jammu & Kashmir, Srinagar

Constitutional courts can release detenu despite rigor of Drug Prevention Act 1988: Jammu & Kashmir High Court

The rigor of Section 13(7) (bail restrictions) of the Act will not come in the way of a constitutional court exercising jurisdiction under Article 226 of the Constitution to direct release of a detenue, the Court said.

A Constitutional court can invoke powers under Article 226 of the Constitution of India to order the release of a detenue, regardless of the stringent provisions of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988 (PITNDPS), ruled the Jammu and Kashmir High Court recently. [Jahangeer Ahmad Mugloo v. UT of Jammu and Kashmir]

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