MOHAMMAD YOUSUF MALIK Vs. STATE AND ORS.

JUDGEMENT

(1.) MOHAMMAD Yousuf Malik has filed this petition through his brother Abdul Majid Malik, seeking quashing of his detention Order No. 620/DMB/PSA/09 dated 24.03.2009 issued by District Magistrate Baramulla under Section 8 of the Jammu and Kashmir Public Safety Act, 1978, on the ground that detention has been ordered by the detaining authority without mere being any record and without application of mind. It is further contended in the petition that detenu was not provided with the material which had been relied upon by the District Magistrate while contemplating his detention, so as to enable him to make an effective representation against his detention, rendering his detention illegal.

(2.) JUSTIFYING the petitioner's detention, learned State Counsel urged that all what was required to be supplied under law had been supplied to the detenu and no prejudice has been caused to him in exercising his right of making representation against his detention.

(3.) PERUSAL of grounds of detention reveals that petitioner's detention has been ordered on the basis of his activities of indulging in Forest Smuggling, pertaining to the years 2003 -2008.. There is nothing on records to show that material relied upon by the detaining authority, i.e. Dossier and other connected documents, were supplied to the detenue. In terms of the detention record, what was supplied to the detenue on 02.04.2009, as is evident from the receipt obtained from him in this regard, was the detention order issued on 24.03.2009 consisting of one leaf only and nothing beyond that.