SONAULLAH LONE Vs. STATE

JUDGEMENT

(1.) DETENTION order No.09 dated 09.05.2013 has been confirmed by the Government and the period of detention has been fixed as 12 months.

(2.) DETENU in fact has been arrested in connection with Case FIR no. 02/2012 police Station Bomai for commission of offences punishable under section 307, 379 RPC and 6 Forest Act but had been released on bail under orders of the Court of Chief Judicial Magistrate, Sopore dated 18.04.2013. Subsequent thereto, the detenu on 09.05.2013 has been taken into preventive detention as his being at large was considered to be detrimental to the forest wealth of the State.

(3.) WHILE considering the submissions as made by the learned counsel for the parties, it is quite apparent that the Detaining Authority has not applied its mind while passing the order of detention. Firstly, no material had been placed before the Detaining Authority so as to show that the detenu if released on bail would indulged in any such activity, which would cause damage to the forests. Secondly, such position is exposed as in the counter affidavit Detaining Authority ( District Magistrate) has stated that the activities of the detenu were considered to be highly prejudicial to the "forest wealth " of the State and the "maintenance of public order ". Then in the last para it is recorded: