1. Petitioner has filed this habeas corpus petition through his wife seeking quashing of District Magistrate Sambas order No. 06/PSA of 2008 dated 09.06.2008, saying that his detention in preventive custody is illegal as, while detaining the petitioner, respondents had not complied with the requirements of Article 22(5) of the Constitution of India, in that, the material relied upon by the detaining authority including the copies of the FIRs referred in the grounds of detention, had not been supplied to the detenue thereby depriving him of his right to make effective representation against his detention.

2. District Magistrate Samba has filed his counter affidavit in response to the petition, bare reading whereof demonstrates that he has not taken care to meet the grounds which the petitioner has raised in his petition. Petitioners plea that he had not been supplied the material including the copies of FIRs relied upon by the detaining authority while passing the detention order, as it appears in parahraph no.5 of the petition, has gone un-controverted as the cryptic affidavit filed by the District Magistrate does not contain even a whisper about the petitioners plea.

3. Mr. S. C. Gu

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