NISSAR AHMAD KHANDAY Vs. STATE & ANR.

JUDGEMENT

(1.) Mr. Mohammad Amin Khanday, brother of Nissar Ahmad Khanday detenue herein, has questioned Order No. DIVCOM "K"/21/2011 dated 14.11.2011 passed by the Divisional commissioner, Kashmir, respondent no.2 herein, whereby detenue came to be detained for a period of one year in terms of the Jammu & Kashmir Public Safety Act, 1978 (for short Act), on the grounds taken in the petition.

(2.) Respondents have filed reply. Petitioner has also filed the rejoinder.

(3.) Admittedly, detenue was arrested in FIR No. 185/2011 under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act), registered at Police Station Awantipora on 18.08.2011, Though he was already in custody, yet he came to be detained in terms of impugned detention order on 26.11.2011.Why the detention order was not executed with effect from 14.11.2011 to 26.11.2011, is not forthcoming. Thus, the delay has crept-in in executing the im pugned detention order.