SHABIR AHMAD WANI Vs. STATE & ORS

JUDGEMENT

(1.) Challenge to order No. DivCom-"K"/07/2011 dated 26.07.2011, whereby Divisional Commissioner, Kashmir (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, ordered preventive detention of Shri Shabir Ahmad Wani son of Ali Mohammad Wani resident of Wanpora Saria Tehsil Chadoora District Budgam (hereinafter called as "detenue), is destined to succeed for the following reasons:-

(2.) In Amritlal and others v. Union Government, 2001 1 SCC 341, it has been held that, where a person already in custody, is placed under preventive detention, the detaining authority must, before making such detention order, be satisfied on the basis of available cogent material about likelihood of the detenue being released on bail and in absence of such satisfaction the detention order cannot be passed.

(3.) In Sayed Abdul Ala v. Union of India & Ors, 2007 AIR(SCW) 6974, where detention order was made on an identical ground, it has been held:-