SHEIKH MOHD. SHARIEF Vs. STATE

JUDGEMENT

(1.) Challenge to order No. PITNDPS/02/09 dated 23rd of November, 2009, whereby Divisional Commissioner, Jammu (hereinafter referred to as "Detaining Authority") has in exercise of powers under Section (3) J&K Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 read with SRO 247 of 1988, ordered preventive detention of Shri Sheikh Mohd. Sharief S/o Sheikh Hussain Bhai R/o 1601 Shah Nagori ward, opposite Rang Mahal Ahemdabad, Gujarat (hereinafter called as "Detenue"), is destined to succeed for the following reasons:-

(2.) The court laid down the principles which govern the field so as to enable the court to arrive at a decision that the order of detention can be validly passed despite the detenue being in custody as under:-

(3.) In the present case as already pointed out, there was no material before the Detaining Authority to satisfy itself that there was likelihood of the detenue being released on the bail. The material available before the Detaining Authority on the other hand ought to have led the Detaining Authority to the opposite conclusion. The order in the circumstances, suffers from non-application of mind.