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1988 Supreme(J&K) 64

S.M.RIZVI
Naba Lone – Appellant
Versus
District Magistrate – Respondent


Advocates Appeared:
Advocate For Appellant: Imtiyaz Ahmad Sofi
Advocate For Respondent: Hakim Ishtiaq Hussain

1.By medium of this writ of habeas Corpus, the detention order No : PSA /DM -BUD/PA -87/21 dated 28-8-1987 , passed by the District Magistrate, Badgam Under section 8 of the Public Safety Act (here in after) referred to as Act) detaining Ama Lone S/o Sula Lone R/o Kachwari, Tehsil and District Badgam, has been challenged on various, grounds, as in the petition.

2. The respondent/detaining authority has filed his counter affidavit.

3.Heared learned counsil for the parties.

4. The ground No : 1 is very vague and has no nexus with the object sought to be achieved, in detaining the detenue. Because the detenue happens to be a resident of a village which is surrounded by forests does not necessarily mean that he was a timber smuggler.

5. The ground No : 2 also suffers from the same vice as ground No : 1. When was the detenue feeling the trees and in which forest, is not mentioned ? which were his hideouts where he used to conceal the said timber is not indicated ? who were the poor labourers whom he engaged to fell and transport the said timber, is not stated anywhere?

6 The ground No : 3 is also very vague and also non-existent and irrelevant.

7. As regards ground No ; 4, a criminal ca





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