MOHD AYOOB GUJRI Vs. STATE OF J&K

JUDGEMENT

(1.) DETENU , Mohammad Ayoob Gujri S/o Noor Din Gojri sic (Gujri) R/o Jamia Mohalla Pattan through his maternal uncle Ghulam Hassan Gujri seeks to quash the detention order No. 109 of 2003 dated: 10.09.2003 passed by respondent No.2 in exercise of his power under section 8 of the J&K Public Safety Act (hereinafter to be referred to as the Act, ) directing preventive detention of the detenu for a period of 24 months.

(2.) THE detention order has been challenged on various grounds including that the detenu was already in the custody of the respondents in FIR No. 171 of 2002 for commission of alleged offences under sections 302, 307, 34 RPC and 7/25 Arms Act registered with Police Station Pattan and without disclosing compelling reasons the detention order has been passed which is not sustainable.

(3.) THE respondents have filed the counter affidavit wherein they have controverted averments set up in the petition. It is also stated by the respondents that the respondents have shown awareness with regard to the custody of the detenu with the respondents in their reply affidavit.