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2022 Supreme(J&K) 19

TASHI RABSTAN
Mohammad Yousuf Magray – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Syed Faheem Indrabi.
For the Respondent: Mr. Asif Maqbool.

JUDGMENT :

TASHI RABSTAN, J.

1. District Magistrate, Pulwama-respondent No. 2 (for brevity “detaining authority”) has by Order No. 43/DMP/PSA/20 dated 26.11.2020 placed Mohammad Yousuf Magray S/o Abdul Gani Magray R/o Lassipora Tehsil Litter District Pulwama (for short “detenue”) under preventive detention, with a view to prevent him from acting in a manner prejudicial to the security of the State. It is this order, petitioner has challenged in this petition and seeks quashment thereof on grounds averred therein.

2. Counter affidavit has been filed by the respondents in opposition to the petition. Detention record has also been produced by counsel for the respondents to substantiate the statements made in counter affidavit.

3. Heard learned counsel for the parties and considered the matter.

4. Learned counsel for the petitioner has, to augment the case set up by the petitioner in the petition on hand contended that the detenue was arrested on 19.04.2020 in FIR No. 41/2020 under Sections 13, 18, 39 ULA(P) Act of Police Station Litter and subsequently, was released on bail by the Court of Special Judge TADA/POTA Srinagar on 19.11.2020, however, after four days the he was again arrested in

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