NITIN DABUR Vs. STATE

JUDGEMENT

(1.) Pursuant to detention order no. 03/PSA dated 14th of May' 2010 passed by the District Magistrate, Poonch, detenue has been ordered to be detained for a period of two years and on execution thereof, has been lodged in Central Jail, Kot Bhalwal, Jammu. Order of detention is contended to be illegal and suffers from lack of application of mind.

(2.) The grounds of detention would indicate that the detenue allegedly is associated with PAK I.S.I agency, so is inculcated to indulge in disruptive activities including arson, blasts and killing of innocent people, so is to endanger the peace and tranquility and to create sense of insecurity in the minds of people at large. In the year 2008, detenue is shown tohave been arrested along with two other persons while driving a motor cycle bearing no. JK02F-562. Two pillion riders were arrested whereas the detenue fled away from the spot. From the possession of those pillion riders Rs. 9500/- and Rs. 8500/- in the denomination of fake Indian currency notes of Rs. 500/- were recovered, so a case was registered as FIR No. 179/2008. Again on 20th of November' 2009, fake Indian currency amounting to Rs. 4.35 Lacs were recovered and a case was registered as FIR No. 64 of 2009. Finally in the grounds of detention, it concluded as under:-

(3.) The first contention of the learned counsel for the petitioner is that the order of detention suffers from lack of application of mind. The submission so made has force to prevail for the reasons to follow.