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25. Learned counsel for the respondents with a view to draw distinction between the prosecution under criminal law and an order of detention under the detention law, submits that the former is punitive and the latter is preventive. He has drawn attention of the Court towards the fact that on 2nd July, 2017 pursuant to a reliable information, District Police Baramulla, along with officials of the Security Wing and Customs Department, while checking the goods being transported from Pakistan Occupied Kashmir (PoK) to TFC Salamabad, Uri, in a truck bearing Registration No. AJ&KXA-267, recovered 1,332 packets of brown sugar concealed/hidden in 333 suit boxes, weighing 66.58 KG, which were being carried from Chakoti, Muzaffarabad, PoK.

30. The learned counsel for the respondents has also made an emphasis that the satisfaction of the Detaining Authority is a subjective satisfaction, based on material and cannot be normally interfered as preventive detention under the Act is a proactive measure to disrupt drug trafficking with a view to prevent the spread of addiction and protect individuals from the devastating consequences of its abuse. Since detenu according to the learned counsel was involved in huge racket where 66.58 KGs of brown sugar was seized, it was sufficient for the Detaining Authority to detain the detenu on the basis of the sole FIR.

LEGAL ANALYSIS:

36. After carefully considering the arguments from both sides and examining the record meticulously, I have given my thoughtful consideration to the relevant facts and the applicable law in this case.

37. The present case relates to illicit trafficking of narcotic drugs. The grounds of the detention indicate the alleged involvement of the detenu in the trafficking of 66.58 kg of brown sugar. The grounds for detention emphasize the recurring nature of these offences, which pose a significant threat to public health and societal stability. Drug abuse not only affects individual lives but also undermines the socio- economic fabric of communities. The interconnectedness of these offences indicates a broader issue that impacts national security and health. The global drug problem aggravates challenges faced by societies, particularly as younger generations fall victim to addiction. Traffickers exploit vulnerabilities, ensuring a continuous supply of narcotics, which further endangers public safety and well-being.

42. Next, it has been argued by learned counsel for the petitioner that impugned order of detention has been passed in a cursory manner, without any independent application of mind as mandated under the Act, that too without arriving at a subjective satisfaction. He further submits that order of detention does not attribute any activity post registration of FIR and on the other hand, the detenu has been detained solely on the basis of FIR No. 54/2017.

43. In the above context, a perusal of the grounds of detention reveals that the alleged activities of the petitioner have been specifically mentioned therein. In the grounds of detention, reference has been made to the post bail violations and the activities of the detenu after his release are highly objectionable as reportedly he along with his associates have started indulging in illegal drug trafficking. Viewing the seriousness of the matter and its overall impact upon the people, particularly on younger generation, After the release of the detenu, he was put under proper surveillance by the security agencies and during his release detenu had reportedly visited Uri area of Baramulla which is suggestive of the fact that the detenu is trying to revive his illegal activities which poses a serious threat to the security of the state. And one solitary incident of such a huge quantity of Brown Sugar is enough to detain someone like the detenu.