RASHID ALI DAR,J. - (1.)Petitioner, by the medium of instant petition, seeks quashment of detention order No.52/DMP/PSA/18 dated 8.10.2018, issued by District Magistrate, Pulwama, in exercise of powers conferred by Clause (a) of Section 8 of the J&K Public Safety Act. In terms of the said order,Sumair Altaf @ Shafat S/o Mohd. Altaf Dar R/o Arigam A/P Batapora laldhoo Khrew Tehsil Pampore District Pulwama (hereinafter referred to as the detenue) has been directed to be taken into preventive custody so as to prevent him from indulging in the activities which are prejudicial to the security of the State.
(2.)Perusal of the order impugned reveals that the detenue has been ordered to be detained with a view to prevent him from acting in any manner prejudicial to the security of the state.
(3.)Learned counsel for the petitioner highlighted various grounds while seeking quashment of the impugned order but the star ground is that detenue was arrested in connection with case FIR No.73/18 U/S 7/25 Arms Act and Section 5 of Explosive Substance Act registered at P/S Khrew, and had not applied for bail and 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. It is also submitted that the detaining authority respondent-2 has not furnished the copy of communication No. Conf/PSA/2018/98-201 dated 05.01.2018 which has been relied on to arrive subjective satisfaction alongwith other documents referred in the grounds of detention. Learned counsel for the petitioner has placed a reliance on the judgment of this court in Ghulam Nabi Shah Vs. State of J&K and Ors. reported in 2005 (I) SLJ 253.