MUSHTAQ AHMAD GANAI Vs. STATE

JUDGEMENT

(1.) PETITIONER by means for this petition seeks to quash the detention order No. F -193/DMA/PSA/DET/2001/131 -36 dated 11.08.2001 passed by the District Magistrate, Anantnag, in exercise of powers under Section 8 of J&K Public Safety Act, 1978, (hereinafter "the Act") directing preventive detention of the detenue Mushtaq Ahmad Ganai S/o Ab. Salam Ganai R/o Wanpoh Tehsil Kulgam District Anantnag. The respondent No. 1 in exercise of powers under Section 17 of the Act has confirmed the detention of the detenu for the period of 24 months.

(2.) THE detention order has been challenged on various grounds including that the Detaining Authority has passed the order without application of mind. To elaborate this plea his submission is that the detenue was in custody of the respondents in FIR No. 232/2001 for alleged commission of offence under Section 10 Criminal Law Amendment Act registered with Police Station Anantnag, and on the date of passing of detention order the detenue stood released by a bail order by Chief Judicial Magistrate, Anantnag, and this fact has not been noticed by the Detaining Authority either in the grounds of detention or in the detention order, which according to him is non -application of mind and the impugned order thus according to him is not sustainable. Respondents have filed counter affidavit controverting the averments of the petition. It is admitted by the respondents in the grounds of detention that the detenu was apprehended by the Security Forces during search operation on 1.7.2001 in connection with FIR No. 232/ 2001.

(3.) Heard learned counsel for the parties and perused the record made available by learned counsel for respondents.