ARIF HUSSAIN LONE Vs. STATE OF J&K

JUDGEMENT

(1.) Petition, by the medium of instant petition, seeks quashment of detention order No.83/DMB/PSA/2018 dtd. 13/10/2018, issued by District Magistrate, Baramulla, in exercise of powers conferred by Clause (a) of Sec. 8 of the J&K Public Safety Act. In terms of the said order, Arif Hussain Lone son of Abdul Gani Lone resident of Mohalla Nowpora Jagir District Baramulla (hereinafter referred to as the detenue) has been directed to be taken into preventive custody and lodged in Sub Jail, Hiranagar, so as to prevent him from acting in any manner prejudicial to the security of the State.

(2.) Learned counsel for the petitioner highlighted various grounds while seeking quashment of impugned order but the star ground is that detenue was arrested in connection with case FIR No.69/2018 P/S Kreeri, for commission of offence under Sec. 7/25 Arms Act and had not applied for bail, when it was so, how could he be taken into preventive custody. The detaining authority has not given the compelling reasons for detaining the detenue under preventive laws.

(3.) In view of the facts of the present case and the law laid down by the Hon'ble Apex Court as quoted hereinabove, the order of detention impugned does not sustain on the above referred ground alone, therefore, other grounds projected in the petition are not required to be dealt with.