ASHIQ HUSSAIN SHEIKH Vs. GOVERNMENT OF J. &K

JUDGEMENT

(1.) The petitioner herein has thrown challenge to order of detention No. Home/PB-V/1183 of 2023 dtd. 31/5/2023 (for short "the impugned order") passed by the respondent 2 herein under and in terms of the provisions of the J&K Public Safety Act, 1978 (for short "the Act of 1978").

(2.) The grounds urged in the petition against the impugned order being relevant and significant herein are extracted and reproduced hereunder:-

(3.) Reply to the petition has been filed by the respondent 2 wherein it is being stated that in pursuance to the dossier and other connected documents submitted by Divisional Forest Officer, Forest Division Bhaderwah dtd. 19/4/2023, the impugned order came to be passed in terms of Sec. 8 Sub Sec. (1) (clause a-1) of the Act of 1978. It is further stated that the petitioner came to be informed vide notice dtd. 3/5/2023 about the order of detention as also the grounds of detention and as well as came to be apprised that he can be heard in person by the Advisory Board, if he wishes to. It is further stated that detention order came to be approved by the Government vide order dtd. 4/5/2023. It is being further stated that the detention of the petitioner is not punishment but only to prevent the petitioner from acting against the larger interest of Pubic and Society. It is next stated that the petitioner had indulged in illegal timber smuggling trade on regular basis besides cutting green trees and came to be found involved in case FIR No. 46/2023 for commission of offences under Sec. 26 of the Indian Forest Act read with 379, 447-A, 34, 434 & 353 IPC besides being involved in various forest related offences. It is being further stated that the petitioner came to be served with the grounds of detention and order of detention consisting of 42 leaves received by the petitioner against a proper receipt through Executing Officer - Sub Inspector (PSI) Bhupinder Sharma and that the contents of warrant and grounds of detention has been read over and explained to the petitioner in Urdu which he fully understood. Heard learned counsel for the parties and perused the record.