Drug Abuse An Epidemic Among Youth: Jammu & Kashmir High Court Calls For Collective Action

“The epidemic of drug abuse in younger generation has assumed alarming dimensions in the country. Prevention of drug abuse among adolescents requires awareness about its destructive results. To overcome the menace of drug abuse, concerned agencies hand-in-hand with the community heads are required to come forward and deal with this menace with iron hand to save the society more particularly the young generation and families.” 

The bench was hearing a plea moved by the petitioner challenging a detention order issued by the Divisional Commissioner Kashmir. The petitioner was arrested under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act 1988 (PIT-NDPS).

He argued that the order was passed without following proper constitutional and statutory safeguards, and that the detenue was detained in breach of legal mandates set by the Supreme Court and other High Courts. The petitioner alleged that the grounds of detention were vague and lacked specific details, making it impossible for an effective representation to be made against the allegations.

He further argued that he had previously been arrested in connection with a narcotics-related case (FIR No. 04/2023) but was subsequently granted bail by the Sessions Judge. The detention order was issued while he was facing trial for the same case, raising concerns about double jeopardy.

In response, the authorities strongly defended the detention order, asserting that it was necessary to prevent the detenue from engaging in illicit drug trade and corrupting the youth. They argued that there was substantial evidence pointing to the detenue's involvement in narcotics-related activities and that preventive detention was essential to safeguard societal values and the wellbeing of the community.

After considering both sides, the Court ruled that the detention order was lawful and justified and held that the Divisional Commissioner had the authority to issue such orders and that the grounds of detention, while not required to meet the standard of criminal evidence, were reasonably connected to the objects sought to be prevented. The Court further emphasized that preventive detention is aimed at intercepting potential harm before it occurs and that the detaining authority's satisfaction matters in such cases.

“The petitioner, who has been described as a Graduate and was running a shop at Boniyar, the narcotic substance had been recovered from his possession and the intelligence inputs received by the administration also indicated that the petitioner was engaged in the illicit trafficking of narcotic drugs, therefore, the apprehension of the detaining authority, which has been recorded in the detention order, cannot be reviewed by this Court on merits”, the bench reasoned.

Taking the opportunity to address the broader issue of drug abuse in society the bench stressed the urgent need for collective action by relevant agencies and community leaders to combat the serious threat that drugs pose, especially to the younger generation. The Court highlighted the societal responsibility to protect the youth from the destructive impact of narcotics and emphasized that preventive measures were not acts of punishment, but crucial steps to secure the wellbeing the young generation and families.

Case Title: Tawqeer Bashir Magray Vs. Union Territory of J&K & Anr.

Citation: 2023 LiveLaw (JKL) 232

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