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1998 Supreme(J&K) 233

A.M.MIR
Mohd. Mansoor Wani – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: G.N. Hagroo
Advocate For Respondent: G.M. Wani

ORAL:-

1. This petition calls in question detention order No. F-72/DM/PSA/DET/97/520-26 dated 23.6.1997. This order has been passed in terms of Sec.8 of the J&K Public Safety Act, 1978, (hereinafter called the Act), by the District Magistrate Anantnag. Under this order, one Mansoor Ahmed S/o. Muhammad Akram Wani R/o. Khannabal, Naibasti, Anantnag, (hereafter referred to as the detenue), has been detained for a period of twelve months.

2. Obviously the period of detention, if counted from the date of detention i.e. 23.6.1997, has expired. However, the counter filed in this case shows that the order of detention was executed on 20.11.1997,-on which date grounds of detention, alongwith other material, were supplied. I leave aside all other grounds taken by the detenue, and only confine myself to the fact as to whether or not delayed execution of the order can be taken to be sufficient compliance of the Act and particularly of sec. 13 of the Act.

3. It is pertinent to place on record that the detenue has been under custody of the State prior to the passing of the impugned order. He had initially been apprehended on 9.11.1996. The impugned order of detention was passed on 23.6.1997 and



















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