MOHAMMAD LATIEF DAR Vs. STATE OF J&K

JUDGEMENT

(1.) Detenu - Shri Mohammad Lateef Dar son of Farooq Ahmad Dar resident of Kothipora, Chattergam Budgam, through his father, by the instant petition, seeks quashment of detention order No.DMB/PSA/14/2018 dated 20.10.2018, passed by District Magistrate, Budgam (for brevity "Detaining Authority") in exercise of powers conferred under Section 8 of the J&K Public Safety act, 1978.

(2.) The detention order, through the medium of petition on hand, has been challenged on the grounds that the detenu has been involved in false and fictitious criminal cases bearing FIR No.135/2018, 136/2018 P/S Chadoora and 292/2018 P/S Budgam. The had applied for bail in FIR Nos.136/2018 and 292/2018 which was granted by the Court of competent jurisdiction but was not released. However, the detenue had not applied for bail in FIR No.135/2018. While in custody, detenue has been taken into preventive custody in term of impugned order. The respondents are stated to have ignored to provide material relied upon by the detaining authority while passing the impugned order of detention and thus deprived the detenue of his Constitutional and Statutory rights. Grounds of detention are stated to be vague, baseless, non-existent and unfounded.

(3.) Respondents, despite opportunities granted, have not opted to file their Reply. However, learned Deputy Advocate General has made available the record.