R.C.GANDHI, J. - (1.)DETENUE , Ghulam Nabi Dar son of Mohammad Sultan Dar R/o Baba Raz Krankshivan Colony, Sopore through his father seeks to quash the detention order No.78 of 2003 dated 22.2.2003 passed by respondent No.2 in exercise of his power under section 8 of the J&K Public Safety Act, 1978 (hereinafter to be referred to as "the Act.") directing preventive detention of the detenue for a period of 24 months.
(2.)THE detention order has been challenged on various grounds including that the detenue was already in the custody of the respondents in FIR No. 236 of 2002 for commission of alleged offences under section 7/25 IAA registered with Police Station Sopore and without disclosing compelling reasons the detention order has been passed which is not sustainable.
(3.)THE respondents have filed the counter affidavit wherein, they have controverted the averments set up in the petition. It is also stated by the respondents that the respondents have shown awareness with regard to the custody of the detenue with the respondents in their reply affidavit.
Heard learned counsel for the parties and perused the record.