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2011 Supreme(J&K) 386

HASNAIN MASSODI
Shabir Ahmad Ganai – Appellant
Versus
State of J&K and others – Respondent


JUDGMENT

Honble Mr. Justice Hasnain Massodi, Judge

1. Challenge to order No. DMS/PSA/02/2011 dated 07.04.2011, whereby District Magistrate Srinagar respondent No. 2 herein, has ordered preventive detention of Shri Shabir Ahmad Ganie son of Ghulam Mohi-ud-din Ganie resident of Zainakot, H.M.T. Srinagar (herein after referred to as 'detenue') and directed his lodgement in Kote-Bhalwal Jail, Jammu, must succeed for the following reasons:

1. The grounds of detention make reference to case - FIR No. 153/2010 under section 147, 148, 149, 535, 336, 427, 153-A RPC; FIR No. 189/2010 under section 147, 148, 149, 535, 336, 341, 427, 307, 435 RPC, 7/27 A.Act of Police Station Parimpora; and FIR No. 76/2010 under section 307, 147, 148, 336, 332, 427 RPC of Police Station Batamaloo, to have been registered against the detenue. The involvement of detenue in the aforementioned cases appears to have heavily weighed with the detaining authority while making detention order. The detention record reveals that none of the documents referred to in the detention order was ever supplied to detenue. It is pertinent to point out that the detaining authority, in grounds of detention after detailing background i



















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