The High Court of Jammu and Kashmir and Ladakh has held that the impact of an offence, rather than the number of times it is committed, is the determinative factor for justifying preventive detention [Mohd Shakoor through his wife v. Union Territory of J&K].
Justice MA Chowdhary made the observation while dismissing a habeas corpus petition seeking the release of a Rajouri resident, Mohd Shakoor, who had been detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (NDPS Act). The petition was filed by his wife challenging the preventive detention order.
The Court emphasized that drug trafficking offences pose a serious threat to public health and society at large. “It is not the number of acts that are to be determined for detention of an individual but it is impact of the act which is material and determinative,” the Court noted. It added that drug abuse has particularly devastating consequences for unemployed youth, and its ramifications are “irreversible and unimaginable.”
Shakoor had been detained under orders of the Divisional Commissioner, Jammu, in November 2024, in view of multiple NDPS cases registered against him since 2012. His counsel argued that he was already on bail in all five cases and contended that the detention order was mechanical and violative of Article 22(5) of the Constitution, which provides safeguards against arbitrary preventive detention.
Rejecting these arguments, the Court found no procedural lapses in the passing of the detention order. It observed that preventive detention is not punitive but precautionary, aimed at preventing repeat offenders from causing irreparable harm to society.
The Court further stressed that drug trafficking poses a grave threat not only to public health and youth welfare but also to national security. Highlighting the global menace of narco-terrorism, it noted that terrorist groups and international syndicates are often involved in the narcotics trade, which undermines sovereignty, stability, and sustainable development.
“The drug problem is a serious threat to public health, economy and growth of humanity. It undermines the socio-economic and political stability and is considered the originator of petty offences as well as heinous crimes like smuggling of arms, ammunition, and money laundering,” the Court remarked.
With these findings, the High Court dismissed the plea and upheld Shakoor’s preventive detention.
Advocate Idrees Saleem Dar appeared for the petitioner, while Senior Additional Advocate General Monika Kohli represented the Jammu and Kashmir government.
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