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2021 Supreme(J&K) 120

RAJNESH OSWAL
Syed Imtiyaz Hyder – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Bashir Ahmad Tak.
For the Respondent: Mr. Mir Suhail.

JUDGMENT :

RAJNESH OSWAL, J.

1. Through the medium of this petition filed through his son, the petitioner has questioned the order of detention bearing No. DMB/PSA/31 of 2019 dated 29.07.2019 issued by the respondent No. 2, by virtue of which the petitioner has been ordered to be detained under the Jammu and Kashmir Public Safety Act, 1978 (for short, the Act).

2. It is stated in the petition that the petitioner was initially arrested on 10.03.2019 by the SOG/Police of Police Station, Budgam and was falsely implicated in FIR bearing No. 96/2017 for commission of offences under Sections 147, 148, 149, 336, 427, 341, 332 RPC and during his continuation of arrest in the above mentioned FIR, the petitioner was detained under the Act, vide order dated 16.03.2019. The said order of detention was impugned by the petitioner through the medium of writ petition bearing No. 117/2019 and the said order was quashed by virtue of judgment dated 12.07.2019. It is further stated that the petitioner was not released and the respondents passed yet another detention order, which is the order impugned in the instant petition. The petitioner has questioned the impugned order of detention inter-alia on the

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