MANZOOR AHMAD DAR Vs. STATE

JUDGEMENT

(1.) HEARD . Considered.

(2.) DETENUE namely Manzoor Ahmad Dar S/o Mohammad Ramzan Dar R/o Saloosa Kreeri, Tehsil Kreeri District Baramulla, has been arrested on 15.02.2008 by the Police in connection with a criminal case registered against him under FIR No.26/2008 in Police Station, Baramulla, for commission of offences punishable under section 7/25 Arms Act. Thereafter he was implicated in three criminal cases under FIR No. 119/2007 for commission of offence punishable under section 302 RPC and 7/27 Arms Act; FIR No. 05/2008 and 02/2008 for commission of offences punishable U/S 121 RPC, 19 U.L.A(P)Act, and 2/3 E&IMCO Act registered in P/S Kreeri. While in custody detention order impugned bearing no. DET/PSA/08/522 of 2008 dated 22.04.2008 has been passed by District Magistrate, Baramulla whereunder detenue has been detained under the provisions of J&K Public Safety Act 1978. Dissatisfied with the order of detention, mother of the detenue has filed this petition seeking quashment of the same.

(3.) APPEARING counsel for petitioner firstly projected that the detenue who was in custody in connection with case under FIR No. 26/2008 U/S 7/25 Arms Act, FIR No. 119/2007 U/S 302 RPC, 7/27, FIR No.05/2008 U/S 7/25 Arms Act and FIR No.02/2008 U/S 121 RPC 7/25 A. Act, 19 U.L.A Act and 2/3 E&IMCO Act had not applied for bail. Neither bail had been granted, nor there was likelihood of grant of bail as the offences under section 121 RPC and 19 -ULA Act, and 7/27 Arms Act carries the punishment of death or life imprisonment, so the likelihood of obtaining bail at the stage of passing of detention order was unimaginable.