Excelsior Correspondent
SRINAGAR, Jan 4: The High Court has upheld the detention of a drug peddler citing that the menace of drug abuse is a threat to the national security and sovereignty of States by way of narco-terrorism.
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Justice Vinod Chatterji Koul has dismissed the habeas corpus petition moved by the accused Hilal Ahmad Dar of Takiabal Chogal, district Kupwara. The accused Dar has been detained by the Divisional Commissioner Kashmir vide his order dated 1.5.2024 in terms of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act.
Justice Koul while dismissing his plea and upholding the order of detention said the case relates to illicit trafficking of narcotic drugs and our global society is facing serious consequences of drug abuse and it undermines the socio-economic and political stability and sustainable development.
“Besides, it also distorts the health and fabric of society and it is considered to be the originator for petty offences as well as heinous crimes, like smuggling of arms and ammunition and money laundering. Involvement of various terrorist groups and syndicates in drug trafficking leads to threat to the national security and sovereignty of States by way of Narco-terrorism”, Court recorded.
The grounds of detention revealed that the detenu has been continuously exposing young, gullible and immature minds including school going children into the heinous world of drugs and making them habitual addicts. Grounds of detention also make a mention that detenu has been found indulging in drug trafficking which is a serious threat to the physical as well as mental health of the people and further endangers the National economy and social stability.
The Constitution framers, the court added, had visualized danger of misuse of such type of substances and, thus, made it part of directives issued to the State. The Directive Principles, which are part of our Constitution, laid down that the State shall make endeavors to bring about the prohibition of substances injurious for health except for medicinal and scientific purposes. In recent years, India has been facing a problem of transit traffic in illicit drugs.
“The consequences of illicit drug use impact the entire criminal justice system, taxing resources at each stage of the arrest, adjudication, incarceration and post release supervision process. Public financial resources expended in the areas of health care and criminal justice as a result of illegal drug trafficking and use are resources which could otherwise be available for other policy initiatives”, Justice Koul observed.
The court said that the global drug problem presents a multifaceted challenge that touches the lives of millions worldwide. From individuals struggling with substance use disorders to communities grappling with the consequences of drug trafficking and organized crime, the impact of drugs is far reaching and complex. There is a great loss of productivity associated with drug-related premature mortality.
“Although it is difficult to place a dollar value on a human life, a rough calculation of lost productivity can be made based on the present discounted value of a person’s lifetime earnings. There are also health-related productivity losses. An individual who enters a residential drug treatment program or is admitted to a hospital for drug treatment becomes incapacitated and is removed from the labor force,” the court said, adding with “Productivity losses in this area alone are enormous. Health-related productivity losses are higher still when lost productivity associated with drug-related hospital admissions, including victims of drug-related crimes, is included. These imperative aspects concerned with illicit traffic in narcotic drugs and psychotropic substances cannot be overlooked or ignored”.
“The law of self-preservation and protection of the country and national security may claim in certain circumstances higher priority. For the reasons discussed above, the instant writ petition is without any merit and is, accordingly, dismissed with connected applications”, the court concluded.
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