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2019 Supreme(J&K) 260

Younis Nabi Naik – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner(s):Mr. Wajid Haseeb, Advocate
For the Respondent(s): Mr. Mir Suhail, AAG

JUDGMENT :

Gita Mittal, CJ.—By way of the instant appeal, the appellant has assailed the judgment dated 9th May 2019 whereby the learned Single Judge has dismissed the HCP No. 43/2019. This writ petition was filed on behalf of the appellant by his father Ghulam Nabi Naik seeking quashing of detention order No. 71/DMP/PSA/18 dated 19th December 2018 passed in respect of his son Younis Nabi Naik under the provisions of the Jammu and Kashmir Public Safety Act, 1978.

2. There is no material dispute to the facts giving rise to the instant appeal and to the extent necessary, the same are briefly noted hereafter.

3. On 30th November 2018, an FIR bearing FIR No. 111/2018 was registered by Police Station Tral under Section 120-B Ranbir Penal Code Svt. 1989 (1932 A.D.) (RPC hereafter) and Section 5 of the Explosive Substances Act, 1908 on the allegations that on 30th November 2018, the appellant Younis Nabi Naik along-with accomplices Riyaz Ahmad Ganaie, Fayaz Ahmad Wani and Bilal Ahmad Rather were travelling in suspicious circumstances from

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