ZAKIR HUSSAIN GANAI Vs. STATE OF J&K

JUDGEMENT

(1.) GROUNDS of detention in all the five petitions are similar, xerox -copy of the grounds of detention form basis for each detention order under challenge. Therefore, all these petitions are disposed of together by this common judgment.

(2.) AS per the grounds of detention, detenues have been allegedly indulging in timber smuggling for so many years, they visit the forests during night hours, cut down the trees, dress them into Phadas (Sleepers) and then smuggle the same on horses and mules. After transporting they keep the same concealed at unknown places wherefrom they manage dispatching them to different quarters for sale. In the process, they used to succeed in giving slip to the law enforcing agencies and by their acts extensive damage is caused to the forests which affect the forest wealth and economic development of the State.

(3.) IT is further stated that in most of the ambushes laid by Police, the detenues succeeded to escape alongwith stolen timber. On 01.01.2008 at about 2200 hours, Forest Range Officer, Shopian lodged the report in Police Station Shopian to the effect that he had intercepted the five smugglers at 1900 hours on 01.01.2008 five horses loaded with 10 Phadas (Sleepers) of Green Kail were seized and produced; case was registered as Crime No. 171/2008 Police Station Shopian for commission of offences punishable under Section 379 RPC and Section 6 of Forest Act. It is further stated in the grounds of detention that detenues in the said case are arrested but there is every likelihood that they may manage release on bail and would again indulge in timber smuggling.