FEROZ AHMAD Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) In this petition the petitioner has challenged the detention of detenu Abdul Rehman Beg s/o Gh Hassan Beg r/o Dalal Mohalia Srinagar, who has been detained vide Order No. PSA/DMS/45/87 dated 15.10.1987 passed by the Respondent No. 2.

(2.) The grounds of challenge to the detention Order are: that the detaining authority has passed the detention order with reference to Security of State, public order and for prevention of timber smuggling. That preamble to the grounds of detention indicates detention of the detenu for endangering security of State while satisfaction has been recorded for endangering public order and one of the grounds served is detention referring to regarding smuggling of timber with particular reference to FIR lodged against the detenu. Further the detaining authority has indicated that the detenu appears to have been detained vide earlier. Order No. PSA/DMS/6/87 dated 7.5.1987 which appears to have been revoked by the State Government vide Order No. Home-ISD185 of 1987 dated 30.6.1987 on technical grounds. The technical grounds on which the earlier detention order was revoked, have not been- indicated .in the second detention order impugned in this petition, therefore, the detention order against the detenu is not in accordance with law and need to be quashed.

(3.) The respondent No. 2 appeared and filed his counter, denying all the allegations and justified the order being passed on sound material served on the detenu. That the activities of the detenu have been found prejudicial to the forest wealth regarding which also a case bas been lodged against the detenu. That the detaining authority was fully satisfied on the material before him to order the detention of the detenu which were prejudicial to the public order.