FAYAZ AHMAD WAR Vs. STATE OF J&K

JUDGEMENT

(1.) Petition, by the medium of instant petition, seeks quashment of detention order No.51/DMB/PSA/2017 dtd. 7/7/2018, issued by District Magistrate, Baramulla, in terms whereof, Fayaz Ahmad War (hereinafter referred to as the detenue) has been taken into preventive custody and lodged in Central Jail, Kotebhulwal, so as to prevent him from acting in any manner prejudicial to the security of the State.

(2.) The first contention of the learned counsel for the petitioner is that allegedly detenue was implicated in case FIR No.174/2018 P/S Sopore, for commission of offence under Sec. 7/25 Arms Act and 13 ULA(P) Ac, he had been taken in custody in connection with said case, he had not applied for bail, when it was so, how could he be taken into preventive custody.

(3.) It is trite that preventive orders can be passed even when a person is in police custody or involved in a criminal case but for so doing, compelling reasons are to be recorded. No such reason has been recorded. When it is so, order of detention becomes unsustainable. In this connection, it shall be quite apt to quote following Para from the judgment T. P. Moideen Koya vs. Government of Kerala and ors. reported in 2004 (8) SCC 106: