BASHIR AHMAD RATHER Vs. STATE

JUDGEMENT

(1.) DETENUE was initially arrested in FIR No. 116 of 2002 under Sections 489 -A, 489 -V, 489 -C RPC registered with Police Station, Sopore for counterfeiting currency notes. He was later on detained under preventive detention vide Detention Order No. DMB/PSA/53 of 2002 dated 6.7.2002 passed by District Magistrate, Baramulla.

(2.) THE detention has been challenged by the detenue through his father primarily on the ground that counterfeiting of currency does not fall within the scope and ambit of security of State as defined under Section 8 of the Jammu and Kashmir Public Safety Act, 1978. The other grounds of challenge are that detenue was not served with the grounds of detention, he was not produced before the Advisory Board constituted under the Act and the Government has not approved the detention within the time stipulated.

(3.) THE Detaining Authority has filed counter affidavit denying the averments made in the petition. It is stated that the detenue was ordered to be detained vide Detention order No.DMB/PSA/53 of 2002 dated 6.7.2002. The detention of the petitioner was approved vide Government Order No.Home/PB -V/1674of2002 dated 17.7.2002 well within 12 days. He was taken into preventive custody on 18.7.2002. The grounds of detention were served upon the detenue on the same day. The grounds were also read over and explained to him in the language known and understood by him. It is also stated that the detinue was produced before the Advisory Board on 29.7.2002. The detention of the petitioner was approved by the Board and finally the Government ordered his detention for a period of 24 months for his activities, which were considered to be prejudicial to the security of the State. Regarding supply of copy of FIR, it is stated that it is not necessary to supply copy of FIR to the detenue.