In a significant ruling, the Jammu and Kashmir High Court has clarified that preventive detention can be ordered at any stage of prosecution, including before, during, or even after a criminal trial. This ruling came in the case of Amjad Khan, who had challenged his detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
Justice Vinod Chatterji Koul, while dismissing Khan’s petition, explained that preventive detention is not intended to punish past actions, but serves as a preventive measure aimed at maintaining public order and state security. The Court emphasized that such detention is based on reasonable suspicions or the probability of future conduct, rather than requiring proof of a criminal offence.
“The power of preventive detention is exercised in reasonable anticipation. It may or may not relate to an offence. It does not overlap with the prosecution even if it relies on certain facts for which prosecution may be, or may have been, launched,” the Court observed. It further stated that an order of preventive detention may be made before, during, or even after prosecution, without being dependent on the outcome of the prosecution. The pendency of prosecution is not a bar to preventive detention, nor is the order of detention a barrier to future prosecution, the Court clarified.
Khan was detained for his alleged involvement in the repeated illegal trafficking of narcotic drugs, which authorities argued posed a serious threat to public health and welfare. The detaining authority pointed to two criminal cases registered against him as the basis for the detention.
While Khan contended that the detention was unjustified and did not follow procedural safeguards, the Court found no merit in his arguments after reviewing the material on record. The Court also underscored the grave impact of drug trafficking, noting its threat to public health, safety, and the national economy.
“Due to India’s close proximity to major opium-growing areas, India faces a serious menace of drug trafficking and its spill-over effect, especially the alarming issue of drug abuse among the youth,” the Court remarked, stressing the need for preventive measures such as detention to curb these activities.
