JUDGMENT

DESAI, J. :— On Feb. 9, 1982 we made an order quashing the detention order dated July 11. 1981 made by the District Magistrate, Jammu in exercise of the power conferred by See. 8 of the Jammu and Kashmir Public Safety Act, 1978 (Act for short) and we announced that the reasons would follow. Here are the reasons.

2. The detenu Vijay Kumar was arrested on June 26, 1981. A petition was moved on his behalf, before the Chief Judicial, Magistrate, Jammu praying for releasing the detenu on. bail. This petition for bail-appears to have come up before the learned Magistrate on July 4, 1981 when the following order was made :

"I have heard the advocate for the applicant and perused the C. D. File. Put up for orders on 6-7-81."

2A. When the matter again came up on July 6, 1981, the learned Magistrate made the following order :

"Although there was nothing in the C. D. File about his (Petitioner) involvement in E. A. O. (Enemy Agents Ordinance). on 4-7-81, but today a detailed report has been presented in which one of the offences of which he is charged is u/s 3, E. A. O. which this court is not competent to try. Hence this application is returned to the applicant for presentation to the p