1. Detenue, residing in `A Zone Forest area is allegedly dealing in timber smuggling. With the help of associates in the clandestine manner is felling green trees from the forest, after dressing them into Phadas (Sleepers) transport it to unknown places wherefrom manage its dispatch to different quarters for sale. In the process, used to succeed in giving slip to the law enforcing agencies, extensive damage is caused to the forests.

2. Grounds, of detention would reveal that the detenue namely Dilawar Magray, being a habitual, professional and notorious timber smuggler, often indulges in the illicit trade of timber, is said to have caused much damage to the forests. It is also mentioned that three damage cases have been registered against the detenue on the report of Divisional Forest Officer, Forest Division Shopian on 18.07.2008, 31.07.2008 and 14.10.2008. Detenue was ordered to be detained under the provisions of Public Safety Act, pursuant to detention order No. 53/DMS/PSA/08 dated 26.11.2008.

3. The first contention raised is that the detenue is allegedly involved in number of smuggling activities from July 2008 to October, 2008 but has never been apprehended nor the respondents

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