FAYAZ Vs. STATE

JUDGEMENT

(1.) Petitioner seeks quashment of impugned Order No. DIVCOM-"K"/09/ 2012 dated 10-05-2012 passed by the Divi-sional Commissioner, Kashmir, respondent No. 2 herein, by virtue of which detenue came to be detained for a period of one year in terms of the Jammu and Kashmir Public Safety Act, 1978 (for short as Act).

(2.) Respondents have filed reply and re-sisted the petition.

(3.) Admittedly, detenue was arrested in case FIR No. 230/2011 under Section 8/20 of Narcotic Drugs and Psychotropic Sub stances Act, 1985 (for short NDPS Act), registered at Police Station Baramulla. The provisions of the Act have been pressed into service despite the fact of detenue being in custody on 10th May, 2012.