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2003 Supreme(J&K) 378

S.K.GUPTA
Mohd. Ayaz Lone – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: N.A. Beigh
Advocate For Respondent: M.A. Beigh

Mohd. Ayaz Lone, S/o Gh. Mohammad Lone, R/o Binsharoo, Thathri, Kishtwar, Tehsil Kishtwar, District Doda was taken into custody on 06-05-02 in pursuance of order of detention No. 241/DMA/DET/PSA/02/97-102 dated 04-05-2002 passed by District Magistrate, Anantnag, detaining authority in this case. The detention order was, however, subsequently approved by the Government vide order no. Home/PB-V/966 of 2002 dated 8-5-2002. Detenue Mohd. Ayaz Lone has challenged the impugned order through his father Ghulam Mohammad Lone, on variety of grounds.

2. To begin with, it is submitted that the detaining authority has not supplied the material including the dossier, FIR, copy of seizure memo to the detenue though referred to and relied upon as material in the grounds of detention and thus depriving him from making an effective and meaningful representation against his detention, therefore, the order of detention is rendered bad in law.

3. It is next contended by learned counsel for the petitioner that the grounds of detention and the material in support thereof have not been supplied to the detenue in the language understood by him nor any translated script in the language, which is understandabl



















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