MOHD. MAQBOOL ITOO Vs. STATE & ORS.

JUDGEMENT

(1.) Impugned order of detention bearing No. 30/DMS/PSA/08 dated 22.8.2008 remained to be executed till 9.9.2009 but then apprehending its execution, petitioner filed the instant petition along with Cr.MP.

(2.) Pursuant to order dated 9.9.2009, noticing the non-execution of the order of detention for about one year, its execution stand stayed subject to deposition of Rs. 20,000/ by the petitioner and subject to filing of undertaking not to indulge in any activity which may be prejudicial to the maintenance of public order or prejudicial to the security of the State. The said amount stand deposited as is recorded by the Registry in its report.

(3.) The validity of the order of detention impugned is questioned on two counts, first that the order suffers from non-application of mind and secondly the material forming base for the detention has not been supplied to the petitioner.