MOHD. ASHRAF Vs. STATE & ORS.

JUDGEMENT

(1.) Detenues, namely, Mohammad Ashraf Dar and Ghulam Hassan Wani, on whose behalf two separate petitions have been filed, in connection with case FIR No. 09 of 2010 for commission of offence punishable under Sections 420, 120-B, 177, 272 RPC, 3/7 EC Act and 16 Prevention of Food Adulteration Act had been arrested. While in custody have been detained under the provisions of Public Safety Act pursuant to detention orders impugned bearing No. 12/DMP/PSA/2010 and 10/DMP/PSA/09 dated 30.1.2010, passed by District Magistrate, Pulwama. Aggrieved by the orders of detention impugned, instant petitions seeking quashment of the same have been filed.

(2.) The detenues along with other associates are alleged to have indulged in preparation of saffron like commodity so as to sell it as saffron in open market especially to tourists, the resultant effect is to defame Kashmiri saffron. Such like acts of the detenues and their associates are alleged to have caused irreparable damage to the saffron trade. It is also alleged that the genuine saffron growers and traders were shocked, annoyed and in case detenues remain-at large, the concerned growers may take law into their own hands which will threaten the public order. It is also mentioned that thousands of people of Pampore are emotionally charged to launch severe agitation, therefore, detenues and their associates are posing threat to the peace and tranquility in the area. Finally in terms of grounds of detention it has been projected that normal laws would not be enough to deter the detenues from indulging in the said activities when the activities are detrimental to the peace and tranquility and above all public order in the area.

(3.) First it is contended by the learned counsel that the activities attributable to the detenues do not fall within the ambit of Section 8 of the Public Safety Act which provide for detention of certain persons. No doubt the alleged acts committed by the detenue fall within the scope of penal provisions such as 420, 120-B, 177, 272 RPC, 3/7 EC Act and 16 Prevention of Food Adulteration Act regarding which a regular criminal case has been registered.