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2022 Supreme(J&K) 115

M. A. CHOWDHARY
Muhmmad Lateef Dar – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Wajid Mohammad Haseeb, Advocate
For the Respondent: Ms. Asifa Padroo, AAG

ORDER :

M.A. Chowdhary, J.-Through the medium of instant petition quashment of detention order bearing No. DIVCOM “K”/PSA/165/2021 of 2021 dated 10.09.2021, passed by respondent No. 2 (Divisional Commissioner), Kashmir against the detenue namely Muhmmad Lateef Dar, S/O Muhammad Yousuf Dar R/O Sether Sangam Hanjipora Bijbehera, is being sought by the petitioner as also a writ of mandamus for his release and a compensation of Rs. 10 lakh for his illegal detention.

2. It is being stated in the petition that the detenue is a law abiding and peace-loving citizen and has never involved in any subversive activity prejudicial to the public order or security of the State. The detenue is stated to have been arrested by the Police Post Sangam, in connection with FIR No. 04/2021 of Police Station Bijbehara. However, in the said FIR the detenue was admitted to bail on 13.02.2021. Thereafter the detenue was again summoned and detained illegally and shifted to Central Jail, Kotebawal, Jammu to be detained under the Provisions of Prevention of illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act 1988 (Hereinafter referred to as “The Act”) in terms of impugned order.

3. The impugned

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