SHAMIM AHMAD BEIGH Vs. STATE OF J&K

JUDGEMENT

(1.) HEARD Mr. M.A. Qayoom, learned counsel appearing on behalf of the appellant and Mr. M.A. Rathore, Additional Advocate General, representing for the State.

(2.) THIS appeal is directed against the judgment and order dated 18.5.2006 by which a learned Single Judge dismissed the writ petition (OWP no. 189/2006) filed by the appellant, challenging the order of his detention passed under Section 8 of the Jammu and Kashmir Public Safety Act, 1978. It is significant to note that the detention order was assailed while it was still unexecuted and that was one of the primary considerations before the Writ Court in passing the order coming under appeal. It may also be noted that the position remains the same; the impugned detention order remains unexecuted till date and the appellant (writ petitioner) continues to remain free.

(3.) THE facts giving rise to the writ petition are brief and without any controversy. On 01.01.2005 the appellant (writ petitioner) was apprehended by the Special Operation Group, Anantnag and one magazine of AK 47, 12 rounds of AK 47, one hand grenade and 1 UBGL were recovered from his possession. The recovery gave rise to a substantive criminal case under FIR no. 3/2005 instituted under Section 7/25 of the Arms Act and the appellant was taken in custody in connection with that case. While he was in custody the District Magistrate, Anantnag passed an order of his detention under Section 8 of the Act on 07.01.2005. The appellant, from detention, challenged the detention order dated 07.01.2005 before this Court in HCP no. 94/2005. That writ petition was allowed by a learned Single Judge of the Court and the detention order was quashed by judgment and order dated 25.10.2005.