(1) The petitioner, Garman Singh, has been detained in Central Jail, Jammu, pursuant to an order passed by District Magistrate, Jammu, on 17-8-1981 under section 8 of the Jammu & Kashmir Public Safety Act, 1978 (hereinafter the Act), with a view to preventing him from acting in any manner prejudicial to the security of the state. He was taken into custody on 24-6-1981 in F. I. R. No: 5/81 u/s 3 of the Enemy Agents Ordinance and was in judicial custody in the said case, when the aforesaid order of detention was passed and served upon him. He has challenged his detention inter-alia on the ground that he being already in custody, no order of detention could have been passed against him without considering whether or not his detention was still necessary in the interest of the security of the state.

(2) It is common ground that pursuant to the order of Additional Sessions Judge, Jammu, the petitioner had been committed to judicial custody and was lodged in Central Jail Jammu, a place where under-trials are in judicial lock-up, when the and was louged in Central Jail, Jammu. a place where under-trials are in judicial lock-up, when the impugned order of detention was passed and served upo

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