NASEER AHMAD DAR Vs. STATE OF J&K

JUDGEMENT

(1.) DETENTION order No. DMS/PSA/218 dated 27.3.1999 at the pre -execution stage has been challenged in this petition primarily on the ground of delay in execution of the warrant. It is alleged that the detention order was passed in the year 1999 but the same has not been executed for a period of more than five years though the petitioner was available and was in fact facing the criminal trial under Section 7/25 Arms Act in the court of First Additional Sessions Judge, Srinagar. It is further stated that even the said challan presented against the petitioner came to be dismissed on 5.9.2000 but the detention order has not been executed even thereafter. Despite last opportunity granted counter has not been filed. This petition is accordingly heard in absence of counter.

(2.) LEARNED counsel for the petitioner relies upon judgment of this court in Gh. Rasool Hajam v. State and others, 2002 KLJ 274. In this judgment the detention of the detenu was quashed on the ground of delay in execution of the detention order for period of thirty -seven days. What was held in the said judgment is noticed below:

(3.) ANOTHER judgment relied upon is Zaina Bano v. State of J&K 2002 346, wherein this court observed as under: