ABDUL RASHID NAIK Vs. STATE OF J&K

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the Detention Records made available by learned Additional Advocate General.

(2.) Abdul Rashid Naik was ordered to be detained by District Magistrate, Ramban in terms of his Order No. DMR/PSA/OF 2011/29 dated January 17, 2011 issued under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 when he was already in Police Custody in FIR No. 51/2010 registered at Police Station, Gool under Sections 307/121-A/120-B RPC and 7/27 Arms Act.

(3.) It is settled proposition of law that a person who was already in custody, may be detained in preventive custody as well; but before doing that, the Detaining Authority is to be satisfied that the detenu may be released from custody and when so released, may indulge in activities for which his detention in preventive custody was permissible under laws in force governing detention in preventive custody, of course on material with the Detaining Authority justifying such satisfaction.