VAKIL SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The petitioner challenges the validity of the order, of his detention passed by the District Magistrate, Jammu under Section 3 (1) of the Maintenance of Internal Security Act, 1971 (for short 'the Act').

(2.) The petitioner is a resident of Pindi Charkan Kalan P. S. Bishna, District Jammu. He was arrested on April, 9, 1973 in connection with a case registered at that Police Station under Ss. 3 and 6 of the Indian Passport Act, Section 2 read with Section 3 of the Egress and Ingress Movement Control Order, Section 4 read with S. 5 of the Explosive Substances Act and Section 25 of the Indian Arms Act. He was produced before the Executive Magistrate 1st Class, Bishna on April 10, 1973 and remanded to police custody for 10 days. He was kept in Police Station, Bishna up to April 14, 1973 and thereafter transferred to the Additional Police Lock Up, Sadar, Jammu for interrogation. On April 20, 1973, the Chief Judicial Magistrate remanded him to police custody for a further period of five days. After interrogation, he was let off by the police on April 24, 1973 under S. 169 of the Code of Criminal Procedure for want of sufficient evidence.

(3.) According to the counter-affidavit filed on behalf of the Respondents, the petitioner was, about 5 days after his release, arrested from his village Pindi Charkan Kalan by the Station House Officer, Bishna on April 29, 1973 in execution of the impugned order of detention that had been passed against him by the District Magistrate on April 27, 1973. He was committed to Central Jail, Jammu on April 30, 1973.