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2019 Supreme(J&K) 249

TASHI RABSTAN
Mohammad Shafi Lone – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner(s):Mr Syed Abid Hussain, Advocate vice Mr Mir Shafaqat Husain, Advocate
For the Respondent(s): Mr N. H. Shah, Sr. AAG

JUDGEMENT :

1. Deputy Commissioner, Anantnag, by Order no.72/DMA/PSA/DET/2018 dated 28.12.2018, has placed one Mohammad Shafi Lone son of Mohammad Khalil Lone resident of K-Kalan Tehsil Srigufwara District Anantnag (for brevity “detenu”) under preventive detention, with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. It is this order of which petitioner is aggrieved and beseeches quashment thereof on the grounds adumbrated in present petition.

2. Albeit reasonable opportunities had been granted to respondents, they have opted not to file counter affidavit in opposition to petition.

3. I have heard learned counsel for parties and considered the matter.

4. Learned counsel for petitioner has stated that detenu was arrested by police without any justification in the month of October 2018 and was taken to police station Srigufwara in connection with case FIR no.60/2016. An interim bail is stated to have been granted by the court of competent jurisdiction on 29.11.2018, which was later on made absolute vide order dated 07.12.2018. However, on 28.12.2018 impugned detention order came to be passed and detenu shifted to Sub Jail Hira Nagar to be d

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