JAVID AHMAD MIR Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-10-47
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 27,2020

Javid Ahmad Mir Appellant
VERSUS
Union Territory Of JAndK Respondents


Referred Judgements :-

PEBAM NINGOL MIKOI DEVI V. STATE OF MANIPURA [REFERRED TO]
SHIBBANLAL SAKSENA V. STATE OF U.P [REFERRED TO]
HEMLATA KANTILAL SHAH V. STATE OF MAHARASHTRA [REFERRED TO]
R. V. HOLLIDAY,1917 AC 260 [REFERRED TO]
A K GOPALAN VS. STATE OF MADRAS OPPOSITE PARTY; UNION OF INDIA [REFERRED TO]
STATE OF BOMBAY VS. ATAMA RAM SHRIDHAR VAIDYA [REFERRED TO]
BHIM SINGH VS. STATE OF PUNJAB [REFERRED TO]
STATE OF GUJARAT VS. ADAM KASAM BHAYA [REFERRED TO]
STATE OF WEST BENGAL VS. ASHOK DEY [REFERRED TO]
SASTI ALIAS SATISHCHOWDHARY VS. STATE OF WEST BENGAL [REFERRED TO]
MOHAMMAD SUBRATI ALIAS MOHAMMAD KARIM VS. STATE OF WEST BENGAL [REFERRED TO]
BHUT NATH METE VS. STATE OF WEST BENGAL [REFERRED TO]
DEBU MAHATO VS. STATE OF WEST BENGAL [REFERRED TO]
ANIL DEY VS. STATE OF WEST BENGAL [REFERRED TO]
HARADHAN SAHA MADAN LAL AGARWALA VS. STATE OF WEST BENGAL [REFERRED TO]
ISRAIL SK VS. DISTRICT MAGISTRATE OF WEST DINAJPUR [REFERRED TO]
SHEORAJ PRASAD YADAV VS. STATE OF BIHAR [REFERRED TO]
RAM BALI RAJBHAR VS. STATE OF WEST BENGAL [REFERRED TO]
DHARUA KANU VS. STATE OF WEST BENGAL [REFERRED TO]
ADDITIONAL DISTRICT MAGISTRATE JABALPUR STATE OF UTTAR PRADESH UNION OF INDIA STATE OF KARNATAKA STATE OF MAHARASHTRA STATE OF RAJASTHAN UNION OF INDIA UNION OF INDIA VS. SHIVAKANT SHUKLA:V K S CHAUDHARY:ATAL BIHARI VAJPAYEE:SATYA SHARMA:N K GANPAIAH:SUBHAS:MILAP CHAND KANUNGO:SHRI RAM DHAN:DR REKHA AWASTHI [REFERRED TO]
MANEKA GANDHI VS. UNION OF INDIA [REFERRED TO]
A K ROY THAN SINGH TYAGI DR VASANTKUMAR PANDIT VS. UNION OF INDIA [REFERRED TO]
SARASWATHI SESHAGIRI VS. STATE OF KERALA [REFERRED TO]
ABDUL LATIF ABDUL WAHAB SHEIKH VS. B K JHA [REFERRED TO]
STATE OF PUNJAB VS. SUKHPALSINGH [REFERRED TO]
DHARMENDRA SUGANCHAND CHELAWAT VS. UNION OF INDIA [REFERRED TO]
KAMARUNNISSA BADHRUNNISSA SITHY AYSHA KAMARUNNISSA BADHRUNNISSA SITHY AYSHA VS. UNION OF INDIA [REFERRED TO]
VEERAMANI VS. STATE OF TAMIL NADU [REFERRED TO]
SUNIL FULCHAND SHAH VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. ARVIND SHERGILL [REFERRED TO]
UNION OF INDIA VS. PAUL MANICKAM [REFERRED TO]
NARESH KUMAR GOYAL VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. YUMNAM ANAND M ALIAS BOCHA ALIAS KORA ALIAS SURAJ [REFERRED TO]
STATE OF MAHARASHTRA VS. BHAURAO PUNJABRAO GAWANDE [REFERRED TO]
SUBRAMANIAN VS. STATE OF TAMIL NADU [REFERRED TO]
HUIDROM KONUNGJAO SINGH VS. STATE OF MANIPUR [REFERRED TO]
SECRETARY TO GOVERNMENT VS. NABILA [REFERRED TO]
STATE OF PUNJAB VS. SAURABH BAKSHI [REFERRED TO]
GAUTAM JAIN VS. UNION OF INDIA & ANR. [REFERRED TO]
UNION OF INDIA VS. DIMPLE HAPPY DHAKAD [REFERRED TO]


JUDGEMENT

Tashi Rabstan,J. - (1.)Considering submission of learned counsels for petitioners that instant writ petitions relate to same subject-matter inasmuch as impugned detention orders emerge from same FIR and detenus had been arrested in connection with same FIR and on same date, this Court by orders dated 17th August 2020 and 27th August 2020, directed their clubbing and consequently heard and reserved them on 8th October 2020.
(2.)In writ petition, bearing WP(Crl) no.645/2020, challenge is thrown to Detention Order no.DIVCOM- "K "/101/2019 dated 14th November 2019, (for short "detention order no.1 "), issued by Divisional Commissioner, Kashmir - respondent no.2 (for brevity "detaining authority "), placing Javid Ahmad Mir son of Mohammad Akber Mir son-in-law of Ghulam Nabi Bhat resident of Larkipora, Padgampora, Awantipora District Pulwama (for short hereinafter called as "detenu no.1 ") under preventive detention, with a view to preventing him from committing any of the acts within the meaning of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
2.1. Similarly, in second writ petition, being WP(Crl) no.646/2019, Detention Order no. DIVCOM- "K "/102/2019 dated 14th November 2019 (for brief "detention order no.2 "), placing Mohammad Amin Bhat son of Ghulam Mohammad Bhat resident of Larkipora Padgampora Tehsil Awantipora District Pulwama, (for succinctness hereinafter referred as "detenu no.2 ") is assailed on the grounds tailored therein.

2.2. And in third writ petition, diarised and registered as WP(Crl) no.649/2020, Detention Order no. DIVCOM- "K "/103/2019 dated 14th November 2019 (for short detention order no.3), issued by Divisional Commissioner, Kashmir - respondent no.2, by which Tasaduq Shafi Sheikh Alias Sanju son of Late Mohammad Shafi Sheikh resident of Kathi Darwaza, Mohalla Mum Khan, Rainawari, Srinagar District Srinagar (for brevity "detenu no.3 ") is under challenge.

(3.)Reply in all the three writ petitions has been filed by respondent no.2.
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