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SANJAY DHAR
Danish Habib Wani – Appellant
Versus
UT of J&K – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. G.N. Shaheen, Advocate
For the Respondents: Ms. Asifa Padroo, AAG

JUDGMENT

Sanjay Dhar, J.—Impugned in this petition is order of detention bearing No.74/DMB/PSA/2019 dated 21.10.2019 (the detaining authority), whereby one Danish Habib Wani S/o Habibullah Wani R/o Hygam Sopore District Baramulla (the detenue) has been detained with a view to prevent him from acting, in any manner, prejudicial to the security of the State.

2. It is claimed that the detenue was arrested by police on 11.09.2019, and was booked in case FIR No.220/2019 and while the detenue was in custody of police in the aforesaid FIR, he was shifted to Central Jail, Srinagar, where he was detained in the preventive custody in terms of the impugned order. The detenue, by the medium of this petition filed through his father, has assailed the impugned order of detention, inter alia, on the following grounds:

(I) That the allegations made in the grounds of detention are vague and non-existent and on the basis of thereof no prudent person can make a representation against his detention;

(II) That the detenue was already in custody in FIR No.220/2019 when he was detained pursuant to impugned order of detention. He had neither applied for bail nor was same otherwise due to him given

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