FARID AHMED NAIK Vs. STATE

JUDGEMENT

(1.) FARID Ahmed Naik has filed this Petition through his father Ghulam Nabi Naik questioning District Magistrate, Rambans Order No. DMR/PSA/OF 2010/27 dated 30.10.2010 whereby the petitioner was ordered to be detained in preventive custody under Section 8 of the Jammu and Kashmir Public Safety Act, 1978.

(2.) APPEARING for the detenue, his learned counsel Mr. Thakur submitted that the petitioner was already in police custody in FIR No.117/2010 registered at Police Station Banihal under Sections 17, 20, 21 & 40 of the Unlawful Activities (Prevention) Act and his detention in preventive custody was unwarranted, in that, it had been ordered without recording requisite satisfaction that the detenue was likely to be released from custody and when so released would indulge in activities prejudicial to the security of the State.

(3.) I have considered the submissions of learned counsel for the parties and gone through the Detention records. It is well settled proposition of law that preventive detention may be ordered in respect of a person who was already in Custody, provided, however, that there was material available with the Detaining Authority indicating that the detenue was likely to be released from custody and when so released would indulge in activities for which his detention may be warranted under the laws providing for such detention.