AFROZA Vs. STATE OF J&K

JUDGEMENT

(1.) Challenge is thrown to Order no."K"/61/2017 dated 06.09.2017, passed by Divisional Commissioner, Kashmir, Srinagar (for brevity "detaining authority"), placing one Ms Afrooza Begum @ Afri wife of Fayaz Ahmad Dar resident of Ganie Hamam, Baramulla (for short "detenue") under preventive detention and ordering her lodgement in Central Jail, Srinagar.

(2.) The case set up in the petition on hand is that detenue has been implicated in a false case more than once, which has never been proved against her and now when respondents have failed to prove anything against her, she has been booked by respondents under the provisions of the Illicit Trafficking of Narcotics Act, whereas she has been granted bail for the same offence by the court of competent jurisdiction. It is next contended that petitioner was called to the police station. After detaining her for three days, she was shifted to Central Jail, Srinagar, and her relatives were directed to collect the papers for her detention from the office of detaining authority. A relative of detenue is stated to have collected the detention order as well as grounds of detention on 06.09.2017.

(3.) I have heard learned counsel for parties and considered the matter. I have gone through the detention record made available by learned Senior Additional Advocate General.