GULA BHAT Vs. UT OF J&K

JUDGEMENT

(1.) Through the medium of instant, petitioner has challenged the veracity and legality of the detention order No.82/DMS/PSA/2021 dtd. 8/5/2021 (for brevity "the impugned order), passed by District Magistrate, Shopian (respondent No.2), in terms whereof, he has been taken into preventive custody with a view to prevent him from acting in any manner prejudicial to the preservation of the forest wealth of District Shopian/Pulwama and has been directed to be lodged in District Jail, Kathua. The said order has been passed by respondent No.2 in exercise of his powers under Sec. 8(1)(a-I) of the Jammu and Kashmir Public Safety Act, 1978.

(2.) The impugned order has been, inter alia, challenged on the following grounds:

(3.) Respondentshave resisted the petition by filing a reply thereto. In theircounter affidavit it is being contended that the respondents have followed all the constitutional and statutory safeguards envisaged under law while passing the impugned order of detention. It is being averred that the petitioner is a habitual nocturnal timber smuggler and along with his associates has ruined the forest wealth of the district/state for last many years. It is being further contended that these activities of the detenue are causing damage not only to the state exchequer but also adversely affecting the environment and damaging the ecological balance of the area and in order to restrain the detenue from indulging in such activities, he was detained under the provisions of Public Safety Act. To support their contentions, the respondents have produced the detention record.