IMPORTANT POINT
When the detenu is already in detention the detaining authority must show its awareness in the grounds of detention.

JUDGMENT

K.K. Gupta, J. - Faqir Singh Petitioner has been detained for a period of 24 months under Section 8 of Public Safety Act, (for short Act herein after) vide order No. 54/88 dated November 22, 1988, passed by the District Magistrate, Jammu. The grounds on which such detention have been ordered are given in the grounds of detention as under:

"You are a notorious criminal and antinational element and have indulged in repeated acts of espionage, clandestine border crossing smuggling of arms to Punjab terrorists from across the border smuggling of gold etc. You have crossed the border number of times and gone to Pakistan for fetching arms / ammunition for terrorists operating in Punjab.

You were involved in a double murder case of police station Lopogi District Amritsar when you shot two persons namely Chanan Singh and Bawa Singh during the year 1970. So you were convicted and sentenced to life imprisonment. You were released from the jail after completion of term of your imprisonment in the year 1980. In jail you had contacts with one Gurdev Singh who was a resident of village Kolowal (there you were also originally a resident) and undergoing imprisonment. After release from jail you started smuggling operations alongwith said Gurdev Singh. You migrated to village Jamalpur during the year 1983, but you continued your activities across the

border alongwith said Gurdev Singh, Bachan Singh and one Kuki christian of Punjab. During the year 1986 while crossing over the border said Gurdev Singh and Kuki were killed in an encounter with the B.S.F. and Bachan who was later on arrested by the police was detained under M.I.S.A. in Punjab. When Bachan Singh came out after the completion of the term of his detention. You again started these activities alongwith him. During the year 1988 one Butti Pahalwan, a resident of Sialkot Pakistan and kingpin of smugglers, gang came to your house and took you to Jallandhar. At railway station Jallandhar, the said Butti Pahalwan introduced you to one Babu and it was decided that Babu would be providing you American dollors which you shall be using in Pakistan for bringing in gold and arms.

After the death of your two associates at the border, you have chosen the route of your smuggling through R.S. Pura border.

Some of your recent activities are enumerated as under:

1. that on 4-10-1988 you alongwith one Darshan Singh r/o. Village Kanwan Teh. Pathankot came in truck No. 4524/PAT from Pathankot and crossed the border from Sai and went to Pakistan. Both of you came back on 7-10-88 with 2/3 kgs of Gold, some A.K. 47 rifles and went to Pathankot. There rifles were given to a terrorist of district Amritsar and gold was given to said Babu at Railway Station Jallandhar. This information was reliably learnt through D.S.B. Distt. Jammu on 10-10-88 which is evident from the special diary of D.S.B. dated 10-10-88 and weigh bridge slip dated 7-10-1988 issued to M/s. Ridhi Enterprises Hatli More Ktahua pertaining to truck No.4524 PAT. which was recovered from your factory located at Kathua. Copies of special diary of D.S.B. and weigh bridge slip are annexed R.I

2. That on 9-10-88 you alongwith your associate Darshan Singh and one hardcore terrorist of District Amristar came in white Maruti car which did not carry any number plate and again crossed the border from Dewan Garh side to Pakistan. After smuggling in 3/4 kgs of gold, pistols, revolvers and some quantity of ammunition you returned in the Maruti car to Punjab. You disposed of these arms and ammunition to the terrorists through your companion terrorists whereas one revolver and gold was handed over to Babu at railway station Jallandhar on 10-10-1988. This information was reliably learnt by D.S.B. Jammu on 11-10-1988 which is evident from special diary of D.S.B. on 11-10-88, copy of which is annexed as R.II

3. That on 12-10-1988 a telephonic message from Shri Harbans Lal Inspr. Police C.l.D. (C.I.) Sub - Division R.S. Pura was received at R.S. Pura tha