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1987 Supreme(J&K) 86

MAZHAR ALI SHAH
Krishana Devi – Appellant
Versus
J&K State – Respondent


Advocates Appeared:
Advocate For Appellant: H.R. Sharma
Advocate For Respondent: B.S. Manhas

1. This Habeas Corpus petition is filed by the wife of detenue Shri Beli Ram son of Ami Chand resident of Village Bain, Tehsil Samba challenging the order of detention No: 14 of 1987 passed by District Magistrate, Jammu under section 8 of the J&K Public Safety Act, 1978 (hereinafter called the. Act) on April 28, 1987.

2. It is stated that some miscreants assaulted the petitioner and the detenue at his residence on April 9, 1987. The detenue went to lodge F. I, R at police station Samba. The police station, Samba instead of registering the F. I. R. detained the husband of the petitioner under section 3/25 of the Indian Arms Act. Pursuant to the said detention, an application was moved in the court of Sub Judge, Judicial Magistrate 1st Class, Samba for the release of the detenue on bail, which was granted after getting the police report by the learned Magistrate on April 13, 1987. Despite service of bail orders on the police station, the husband of the petitioner was not released. The petitioner then moved another petition before the said court, where the police submitted a report that the husband of the petitioner was required in case No: 65 of 1985 registered under section 379 of














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