JUDGMENT :

VINOD CHATTERJI KOUL, J.

1. The order no. 05-DMK/PSA OF 2021 dated 2.02.2021, passed by District Magistrate, Kupwara (for brevity “detaining authority”) placing one, Bashir Ahmad Sheikh S/o Gh Ahmad Sheikh R/o Dildar Batpora Karnah District Kupwara (for short “detenu”) under preventive detention so as to prevent him from acting in any manner prejudicial to the security of the State and directing his lodgement in Central Jail, Jammu (Kot-Bhalwal) has been precisely challenged on the following grounds:

(i) that detention of detenu has mainly been ordered for his alleged involvement under NDPS Act and order of detention has been passed by detaining authority, which on the face of it is without jurisdiction.

(ii) that grounds of detention are replica of dossier of activities submitted by police authorities and detaining authority while passing order of detention is required to apply its own mind and has to derive independent subjective satisfaction on the basis of dossier placed before him, which is completely lacking and, therefore, detention order has been passed in a routine and casual manner.

(iii) that order of detention has been passed in hot haste by respondent no. 2 since