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2005 Supreme(J&K) 245

MANSOOR AHMAD MIR
Gulzar Ahmad Wani – Appellant
Versus
State Of J. &K. – Respondent


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

1. Subject, Gulzar Ahmad Wani, son of Ghulam Hassan Wani, resident of Nowpora, Tehsil Tral District Pulwama, through his father, Ghulam Hassan Wani, seeks to quash the detention order bearing No. 39/DMP/PSA/04 dated 10.11.2004 passed by respondent No.2 District Magistrate, Pulwama in exercise of powers in terms of Section 8 of Jammu & Kashmir Public Safety Act, 1978, whereby the detenue stands detained for a period upto 12 months and lodged in District Jail Kathua on various grounds taken in the memo of petition.

2. The respondents have filed reply and have resisted the petition. It is averred in the grounds of detention that detenue was apprehended by 42 RR on 23.10.2003 and FIR No.170/2004 under Section 7/25 of Arms Act came to be registered. And later on the detenue was detained under Public Safety Act in terms of order 39/DMP/PSA/04 dated 10-11-2004.

3. Considered. In terms of annexure-A, i.e., impugned order, the detaining authority, District Magistrate, Pulwama has detained the detenue in terms of Public Safety Act for a period of 12 months. It is profitable to reproduce the impugned order herein;-


1. Whereas, on the basis of grounds of detention placed before me by Superinte




















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