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2002 Supreme(J&K) 351

B.L.BHAT
Ab. Rashid Lone – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: Imtiyaz Ahmad Sofi
Advocate For Respondent: R. Gadda

1. Petitioner. Abdul Rashid Lone, through his father Ghulam Nabi Lone, has called in question, the detention Order No. DMK/PSA/43 dated: 18-09-2001. whereunder the detenue Abdul Rashid Lone came to be detained under Section 8 of the Public Safety Act for a period of 24 months from the date of his detention.

2. It is inter-alia maintained in the Habeas Corpus petition under Article 226 of the Constitution of India rend with Article 103 of the Constitution of J&K that the detenue was taken into custody on 20-07-2001 in FIR No. 34/2001 of Police Station Sogam. That in the said case, the detenue was bailed out by the Court on 09-08-2001 and he was set at liberty till he was again arrested in the 3rd Week of September, 2001; that the grounds of detention were not furnished to the detenue within the period stipulated under law.

3. On admission of this petition. respondents were put to notice. Pursuant to that, respondent No. 2 has filed his counter affidavit wherein it is inter-alia admitted that the detenue came to be arrested on 20-07-2001 in FIR No. 34/2001 for offences punishable U/s 7/25 Anns Act. 4/5 Ex. P. Act. 3 Sabotage Act of P/s Sogam. Kupwara, alongwith some ammunition and arms








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