SHOWKAT AHMED LONE Vs. STATE

JUDGEMENT

(1.) Heard. Considered.

(2.) Detenue namely Showkat Ahmed Lone S/o. Mohammad Kamal Lone R/o. Arin, Tehsil and District Bandipora, has been arrested by the Security Forces on 23-5-2007 in connection with a criminal case registered against him under FIR No. 93/2007 in Po lice Station, Bandipora, for commission of offences punishable under Section 19-UL Act, 121 RPC, 8/20 NDPS Act and 7/25 Arms Act. While in custody detention order impugned bearing No. DET/PSA/07/439/2007 dated 3-8-2007 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, father 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. 93/2007 in Police Station, Bandipora had not applied for bail. Neither bail had been granted, nor there was likelihood of grant of bail as the offences under Section 121, R.P.C. and 8/20 N. D.P.S. Act carries capital punishment, so the likelihood of obtaining bail at the stage of passing of detention order was unimaginable.