KAMALJEET SINGH Vs. UT OF J&K

JUDGEMENT

(1.) Through the medium of this writ petition, the petitioner has questioned the detention order No. 12 of 2021 dtd. 6/10/2021 passed by the District Magistrate, Jammu-respondent No. 3, whereby the petitioner has been detained under the Public Safety Act.

(2.) The petitioner has assailed the aforesaid detention order on the following grounds:

(3.) Counter affidavit has been filed by the respondent Nos. 3 and 4. Respondent No. 3 in his reply has stated that the Sr. Superintendent of Police Jammu vide its dossier dtd. 30/9/2021 has brought to his notice that the petitioner is a hard-core criminal and his criminal record reveals his addiction to heinous crimes of stabbing, drug dealing, buying and selling illegal liquor etc. The activities of the petitioner are very prejudicial to the maintenance of public order and warrants immediate preventive measures. It is also stated that the petitioner is a history sheeter of Police Station, Gandhi Nagar, whose history sheet was opened on 25/11/2019 and thereafter, he was under constant surveillance, as he has close links with other notorious criminals. It is further stated that FIR No. 200/2017 under Sec. 8/21/22 of NDPS Act at Police Station, Gandhi Nagar, Jammu, FIR No. 124/2019 under sec. 8/21/22/29 NDPS Act at Police Station, Gangyal, Jammu, FIR No. 35/2021 under sec. 188 IPC at Police Station, Gandhi Nagar, Jammu, FIR No. 60/2021 under sec. 8/21 NDPS Act, 48-A, 48F/Excise Act 3/25 Arms Act, 51 DMC Act at Police Station, Miran Sahib Jammu and FIR No. 171/2021 under sec. 188, 269, 270 of IPC, 48-A/50 Excise Act at Police Station, Gandhi Nagar, Jammu have been registered against the petitioner. It was also stated that ordinary law has not proved adequate in order to deter the petitioner from indulging in repeated illegal acts, as such, detention order was passed by the respondent No. 3. It is also stated that detention order was executed on 7/10/2021.The detention order and grounds of detention were read over to the petitioner by the Executing Agency concerned in English, Hindi and Dogri languages. It is also stated that the material on the basis of which, the grounds of detention were formed by the respondent No. 3, was also supplied to the petitioner. To the same extent, reply has been filed by the respondent No. 4.