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2021 Supreme(J&K) 283

ALI MOHAMMAD MAGREY
Tawheed Ahmad Lone – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Syed Musaib, adv.
For the Respondent: Ms. Asifa Padroo, Adv

JUDGMENT :

1. Impugned in this Heabus Corpus petition with a prayer for quashment thereof is the detention order no. 81/DMB/PSA/2019 dated 31.12.2019, purporting to have been passed by District Magistrate Baramulla, whereunder detenu namely Tawheed Ahmad Lone s/o Mohammad Hamzah lone R/o Chatipora, Rafiabad, Baramulla, District Baramulla, is under detention.

2. It is submitted that the detenu is never involved in any illegal activity. The allegations levelled against the detenu in the grounds of detention are vehemently denied to be correct, as the same are baseless. Therefore, the detention order deserves to be quashed.

3. Briefly stated the case of the petitioner is that the detenu was arrested in the month of July 2019 by Police component Rafiabad and implicated in a case FIR 114/2019 u/s 18, 39 ULA (P) Act 7/25 A. Act. Police station Dangiwacha. However, whether the detenu filed the bail in the said FIR before the competent court of Jurisdiction not mentioned by the competent authority while passing the detention order.

4. The challenge to the impugned order is inter alia made on the grounds that, the allegations against the detenu have no nexus with the detenu and have been fabric

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