ASHRAF GANIE Vs. STATE OF J&K

JUDGEMENT

(1.) Impugned in this Heabus Corpus petition with a prayer for quashment thereof is the detention order no. 07/DMB/PSA/2019 dated 23.04.2019 07.07.2018, purporting to have been passed by District Magistrate Baramulla, whereunder detenu namely Ashraf Ganie s/o Gull Ganie R/o Muqam-e-Shaheed Mir Botingoo, District Baramulla, is under detention.

(2.) Learned counsel for the petitioner has chosen to press the only ground for seeking quashment of the detention order though having taken many which has reference to the Detaining Authority not mentioning in the order that the detenu can make a representation to the Detaining Authority which as per the learned counsel constitute an infraction of valuable constitutional right guaranteed under Article 22(5) of the Constitution of India as also of the right under section 13 of the Jammu and Kashmir Public Safety Act, 1978.

(3.) In his counter affidavit, respondent no.2 has stated that the detenu's activities being prejudicial to the environment and ecology of the State, his detention was necessary to prevent him from indulging in such acts, as the detenu is involved in smuggling of huge quantity of timber from District HCP no 194/19 1|Page Baramulla. During course of his submissions the respondents counsel besides reiterating the contents of counter affidavit has contended that in circumstances of the case the impugned detention is well founded in fact and law.