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SANJEEV KUMAR
Farooq Ahmad Mir – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.A. Wani.
For the Respondent: Asif Bhat.

ORDER :

1. Order No. DIVCOM-K/65/2017 dated 30.12.2017, issued by Divisional Commissioner, Kashmir (for brevity "detaining authority") whereby Farooq Ahmad Mir alias Farooq Codeine S/o Sonaullah Mir R/o Muqam Awoora Tehsil and District Kupwara (for short "detenu") has been ordered to be detained and lodged in District Jail, Udhampur, for a period to be specified by the Government/Advisory Board, is subject matter of challenge in this Habeas Corpus Petition.

2. As is apparent from the grounds of detention, served upon detenu that there had been in as many as four different FIRs registered in Police Station Kupwara and Police Station Trehgam, against detenu for commission of different offences punishable under Drug Control Act, Excise Act and Narcotic Drugs and Psychotropic Substances Act. It further comes to fore that detenu is an incorrigible antisocial element, who has been continuously indulging in illegal activities in trafficking of Narcotic Drugs and Psychotropic Substances clandestinely. He has been using the services of drug addicts for carrying drugs from one place to another, so as to avoid his apprehension in criminal cases. Despite the fact that detenu was arrested on a nu















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