AZAD ALI KHAN Vs. STATE
LAWS(J&K)-2006-11-48
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 06,2006

Azad Ali Khan Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) AGGRIEVED by order No.Det/PSA/06/220 dated 21st of February 2006 of District Magistrate, Anantnag, directing detention of Azad Ali Khan under section -8 of the J&K Public Safety Act, 1978, the petitioner has approached this court to seek its quashing and for setting him free from preventive custody.
(2.) S . Omkar Singh, learned counsel for the petitioner, while referring to the grounds of detention and the provisions of Section -8 and 13 of the J&K Public Safety Act, 1978 urged that the detention of the petitioner was liable to be quashed as the grounds, though vague and ambiguous, were not served upon the detenu alongwith the material supporting the grounds. District Magistrate, Anantnag has issued the impugned detention order in a mechanical manner and without application of mind, urges the counsel.
(3.) SHRI M.A. Beigh, learned Dy. Advocate General, produced the detention records and supported the order of District Magistrate, Anantnag, saying that the activities of the petitioner were such which could not have been prevented except by exercise of powers under Section -8 of the J&K Public Safety Act, 1978. I have considered the submissions of the learned counsel and gone through the detention records. Before dealing with the submissions of learned counsel for the parties, reference to the dossier and grounds of detention becomes necessary. Dossier sent by Senior Superintendent of Police, Anantnag and the grounds of detention recorded by the District Magistrate reads thus: - - "DOSSIER IN RESPECT OF: - Name: Azad Ali Khan S/o: Gull Ali Khan Residence: Kahribal Tehsil: Anantnag District: Anantnag Age: 28 years. The subject namely Azad Ali Khan Gull Ali Khan R/o Kharibal Tehsil Anantnag District Anantnag is a permanent resident of J&K State. His age is about 28 years. He is a labour by his profession. His educational qualification is 9th pass. The subject namely Azad Ali Khan Gull Ali Khan R/o Kharibal Tehsil Anantnag District Anantnag is a notorious one and is clandestinely dealing in illicit timber. He has been actively engaged in transporting/concealing and keeping of smuggling timber. The individual is very much bent upon ruin the economy of whole nation especially the economy of state. His activities very adversely effect the state exchequers and deleterious of living creature. As per interrogation report narration the subject is resident of Kharibal and is born and brought up said village. Being unemployed the subject could not find any job except timer smuggling and in the shade of timber smuggling he gained a lot in the shape of moveable/immovable property. As per discreet report the subject is very much active timber smuggling since from last ten (10) years. The subject is served and took away with the green fold from the forests area and sell it on his rates for earning wrongful gains surrounding the neighborhood village. Every legitimate effort taken to prevent the individual from such notorious, nefarious and smuggling activities but all proved in vain. The individual not lonely comments forest offence but his deep links with high associates who are habitual in commenting the offence as enumerated in Forest Act and corroborative sections of RPC. As per report the subject is very much habitual offender though still at the threshold of its life journey. Forest are national wealth and main source of income of state and their protection is to be ensured at all costs. It constitutes prime parameters of the environment and contribute to maintaining the order all ecological balance also occupy the important place in the economy development. The value of Kashmir will lose its magic of beauty if the forests are not protected. It is obligatory up on law enforcing agencies to eradicate the menace of timber smuggling and book the culprits under relevant laws so save the valuable treasures. Great spiritual Kashmir saint Alamdari -Kashmir (RAH) rightly said UN POSH TELI YALI WAN POSH. The individual as per interrogation report and incriminating evidence is involved in case FIR No.247/03, 355/04, 241/05 u/s 379 RPC a6 FA Act which stands registered in P/s Anantnag. The subject namely Azad Ali Khan Gull Ali Khan R/o Kharibal Tehsil Anantnag District Anantnag is pivot round which timber smuggle gain revolves in the area. He has left no stone unturned to turn the green forests into barren lands. His prejudicial activities virtually vanish the green forests from the jurisdiction which is very badly and adversely effect the ecological balance in the state and cause damage to state exchequer. Since the normal application of law will not prove successful to prevent above named subject from such illegal activities and in normal law the individual manages bail, gains encouragement, recycled and indulge in illegal activities like timber smuggling which is menace well as dangerous for whole nation especially for state. It is as such recommended that the subject namely Azad Ali Khan Gull Ali Khan R/o Kharibal Tehsil Anantnag District Anantnag may be detained under Provisions of Public Safety Act J&K 1978." GROUNDS OF DETENTION "DOSSIER IN RESPECT OF: - Name: Azad Ali Khan S/o: Gull Ali Khan Residence: Kahribal Tehsil: Anantnag District: Anantnag Age: 28 years. You namely Azad Ali Khan Gull Ali Khan R/o Kharibal Tehsil Anantnag District Anantnag are a permanent resident of J&K State. Your age is about 28 years. You are a labour by your profession. Your educational qualification is 9th pass. You namely Azad Ali Khan Gull Ali Khan R/o Kharibal Tehsil Anantnag District Anantnag are a notorious one and is clandestinely dealing in illicit timber. You have been actively engaged in transporting/concealing and keeping of smuggling timber. You are very much bent upon ruin the economy of whole nation especially the economy of state. Your activities very adversely effect the state exchequers and deleterious of living creature. As per interrogation report narration you are resident of Kharibal and are born and brought up said village. Being unemployed you could not find any job except timer smuggling and in the shade of timber smuggling you gained a lot in the shape of moveable/immovable property. As per discreet report you are very much active timber smuggling since from last ten (10) years. You are served and took away with the green fold from the forests area and sell it on high rates for earning wrongful gains surrounding the neighborhood village. Every legitimate effort taken to prevent the individual from such notorious, nefarious and smuggling activities but all proved in vain. You are not lonely commenting forest offence but have deep links with high associates who are habitual in commenting the offence as enumerated in Forest Act and corroborative sections of RPC. As per report you are very much habitual offender though still at the threshold of its life journey. Forest are national wealth and main source of income of state and their protection is to be ensured at all costs. It constitutes prime parameters of the environment and contribute to maintaining the order all ecological balance also occupy the important place in the economy development. The value of Kashmir will lose its magic of beauty if the forests are not protected. It is obligatory up on Jaw enforcing agencies to eradicate the menace of timber smuggling and book the culprits under relevant laws so save the valuable treasures. Great spiritual Kashmir saint Alamdari -Kashmir (RAH) rightly said "UN POSH TELI YALI WAN POSH". You are as per interrogation report and incriminating evidence is involved in case FIR No.247/03, 355/04, 241/05 u/s 379 RPC a6 FA Act which stands registered in P/s Anantnag. You namely Azad Ali Khan Gull Ali Khan R/o Kharibal Tehsil Anantnag District Anantnag is pivot round which timber smuggle gain revolves in the area. You have left no stone unturned to turn the green forests into barren lands. Your prejudicial activities virtually vanish the green forests from the jurisdiction which is very badly and adversely effect the ecological balance in the state and cause damage to state exchequer. Since the normal application of law will not prove successful to prevent above named subject from such illegal activities and in normal law the individual manages bail, gains encouragement. Recycle and re -indulge in illegal activities like timber smuggling which is menace well as dangerous for whole nation especially for state. It is manifest from the above facts that your activities are highly engaged in transporting/concealing and keeping of smuggling timber. Hence you are hereby detained under the provision of J&K Public Safety Act 1978 and you have a right of representation against the said Govt. order." ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.