MOHAMMAD SHEIKH Vs. STATE OF JK & ORS.

JUDGEMENT

(1.) Hon'ble Mr. Mohammad Yaqoob Mir, Judge

(2.) ALLEGEDLY detenu is a timber smuggler and also instigate his associates to adopt the same path, so as to transport the illicit timber to Payeen belt. Forest damage cases have been recorded by the Forest Department referred to as Damage Case no. 35/2009 -10, 93/2009 -10, 154/2009 -10 and 36/2010 -11. Noticing all these circumstances, Divisional Forest Officer (DFO) has prepared a dossier based on which impugned order of detention has been passed. In pursuance whereof detenu has been directed to be detained for a period of 12 months, by now the detenu is in custody for more than seven months.

(3.) IN the instant case, on careful perusal of the dossier and the grounds of detention, what would emerge is that only word in each para has been changed i.e. in the dossier every para starts with "the subject" whereas in the grounds of detention every para starts with "you are residing" or "you have turned" likewise. Rest of the words are the ditto of the dossier.