Drug menace in valley has destroyed fabric of society: Jammu & Kashmir High Court

The menace of drug addiction in the Kashmir Valley has destroyed the very fabric of society, the Jammu and Kashmir and Ladakh High Court recently observed while dismissing a man's plea challenging his preventive detention [Jahangir Bhat vs UT of Jammu & Kashmir].Justice Javed Iqbal Wani observed that the use of drugs in the valley is not an ignorable activity and adolescents from vulnerable sections become the first casualty. "The spreading of the drugs in Kashmir Valley is becoming day by day a terrible menace which has completely destroyed the very fabric of our society and are eating into the vitals of our society, therefore, such activities are not ignorable," the order passed on April 25 said. The Court further noted that drug addiction has increased during recent years. "During recent years variety of drugs of addiction have appeared, posing serious problems endangering the health and safety of the citizens seriously eroding the morale of the society. The multifarious impact of the narcotic drugs on a person coming thereunder are well known. Normally, such a person ceases to be a normal human being. Drug addiction eats into the vitals of the society, having a tendency to depersonalise those who consume them and reduce them to worthless freaks of nature," the High Court said. The High Court was hearing a plea filed by Jahangir Bhat challenging his detention orders dated November 13, 2021 under Section 3 of the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (J&K NDPS Act)..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..[Read Judgment]