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2022 Supreme(J&K) 122

M. A. CHOWDHARY
Shamas-ud-din Lone @ Sabha – Appellant
Versus
U. T. of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Umar Rashid Wani, Advocate
For the Respondent: Mr. Sajad Ashraf, GA

ORDER :

M.A. Chowdhary, J.-Through the medium of instant petition quashment of detention order bearing No. DIVCOM-K/121/2020 dated 18.02.2020, (hereafter referred as impugned order) passed by respondent No. 2 (Divisional Commissioner, Kashmir) (hereafter referred as Detaining Authority) against Shamas-ud-din Lone @ Sabha, S/O Mehraj-ud-din Lone R/O Duderhama, Ganderbal (hereinafter referred as the detenue) is being sought by the petitioner as also a writ of mandamus for his release and a compensation of Rs. 10.00 lakh for his illegal detention.

2. Petitioner has asserted that he had been accused and prosecuted in cases registered at Police Station, Ganderbal, vide FIR NO. 99/2012 under Section 3/7 EC Act, 18/07 D&C Act and FIR No. 202/2013 under Section 8/21 NDPS Act and after trial was acquitted in both these cases, whereas, he has again been implicated in case FIR No. 196/2018 under Section 8/21 NDPS Act registered at Police Station Ganderbal and that he had been also admitted to bail in this case. It was alleged that after a delay of four months the Detaining Authority has passed the detention of the petitioner based on his alleged involvement in the aforesaid three cases.

3. The

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