TASHI RABSTAN
Latief Ahmad Rather – Appellant
Versus
State of J&K – Respondent
1. This Court by Order and judgement dated 3rd August 2018, dismissed writ petition, bearing HCP no.15/2018 titled Latief Ahmad Rather v. State of J&K and others. Thereagainst, review petitioner herein directed an Appeal, being LPAHC no.08/2018. The Division Bench vide order dated 18th September 2018, dismissed aforesaid Appeal with liberty to petitioner to seek review/verification before learned Single Judge. It is as a consequence of this that instant Review Petition has come up for consideration before me.
2. I have heard learned counsel for parties and considered the matter. I have also gone through the judgement, review whereof is sought for.
3. Learned counsel for petitioner states that judgement dated 3rd August 2018 requires to be reviewed on following grounds:—
(a) Detenu was already in custody in FIR no.448/2013 and FIR no.263/2017;
(b) Relevant material was not placed before detaining authority, i.e. acquittal order of FIR no.216/2013;
(c) Detention order has been ordered for maximum period;
(d) Relevant material has
Haradhan Saha v. State of W.B. (1975) 3 SCC 198.(Para 6.2) – Relied
Debu Mahato v. State of W.B. 1974 (4) SCC 135. (Para 6.4) – Relied
Anil Dely v. State of W.B. (1974) 4 SCC 514. (Para 6.4) – Relied
Israil SK v. District Magistrate of West Dinajpur (1975) 3 SCC 292. (Para 6.4) – Relied
Dharua Kanu v. State of W.B. (1975) 3 SCC 527. (Para 6.4) – Relied
Saraswathi Seshagiri v. State of Kerala (1982) 2 SCC 310.(Para 6.4) – Relied
Ashok Kumar v. Delhi Administration and others AIR 1982 SC 1143. (Para 6.8) – Relied
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