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2020 Supreme(J&K) 147

ALI MOHAMMAD MAGREY
Shahid Salam Naikoo – Appellant
Versus
State Of J&K – Respondent


Advocates Appeared:
Mr. Wajid Haseeb, adv, for the Appellant; Mr. M.A Chasoo, AAG, for the Respondent

JUDGMENT

1. Impugned in this Heabus Corpus petition with a prayer for quashment thereof is the detention order no. 160/DMS/PSA/2019 dated 26.02.2019, purporting to have been passed by District Magistrate Shopian, whereunder detenu namely Shahid Salam Naikoo s/o Abdul Salam Naikoo R/o Bonbazar, Shopian, District Shopian, is under detention.

2. It is submitted that the detenu applied before the competent court of jurisdiction for bail which was granted but instead of releasing he was implicated in a case FIR No. 318 of 2018 and being in custody he was shifted to central Jail Kotebalwal Jammu to be detained under the provisions of Public Safety Act. It is submitted that the detenu was already under custody when the detention order was passed and there were no compelling reasons for the detaining authority to pass the detention order, and that the grounds of detention were not duly communicated to him, which renders the detention order bad. During course of submissions, the petitioners counsel has reiterated the contents of petition, while the State counsel relying on his counter affidavit argued that the copy of the grounds of detention has been served on detenu against proper receipt

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