ADNAN FAROOQ Vs. STATE OF J & K

JUDGEMENT

(1.) Detenu -Adnan Farooq Sheikh son of Late Farooq Ahmad Sheikh resident of Tawheed Gunj, Baramulla, through his mother seeks quashment of detention order 94/DMB/PSA/2018 dtd. 16/11/2018, passed by District Magistrate, Baramulla (for brevity "Detaining Authority"), directing preventive detention of the detenu.

(2.) The detention order, through the medium of instant petition, has been challenged on the grounds that the detenu was arrested by the police personnel without any justification and cause on 6/11/2018 and was thereafter taken to Police Station, Sopore, Baramulla, and was thereafter implicated in various cases which include case FIR No. 169/2016 U/s 307, 148, 149, 336, 332, 353, 427 RPC and FIR No. 181/2018 U/ss 148, 149, 336, 307, 332, and 353 P/S Baramulla. The detenue applied for bail which was granted by the Court of Judicial Magistrate, Baramulla, on 12/11/2018, but was not released and instead was detained in terms of impugned order. The respondents are stated to have ignored to provide material relied upon by the detaining authority while passing the impugned order of detention and thus deprived the detenue of his Constitutional and Statutory rights. Grounds of detention are stated to be vague, baseless, non-existent and unfounded and there is non-application of mind on the part of detaining authority while passing the impugned detention order.

(3.) Respondents, on notice, appeared and filed the counter affidavit wherein they have vehemently denied the averments made in the petition. It is also contended that the procedure prescribed by law has been strictly followed. The detention record has also been produced. The detenue was a hardcore stone pelter. The grounds of detention are precise, proximate, pertinent and relevant. There is no vagueness or staleness in the grounds is also being set forth.