JUDGMENT :

Mohan Lal, J.-Assailing the impugned detention order bearing No. DMU/JC/542-48 dated 17.05.2021 issued by District Magistrate Udhampur and order bearing No. Home/PB-V/620 of 2021 dated 06.08.2021 whereby the detention order has been extended for further period of three months, petitioner by invoking the jurisdiction of this Court in terms of Article 226 of the Constitution of India, has questioned legality, propriety and correctness of the impugned order and has sought the indulgence of this Court for issuance of a writ of habeas corpus commanding the respondents to release petitioner from illegal detention by quashing the impugned detention order No. 01 PSA 2021 dated 17.05.2021 on the following grounds:

(i) that the essential material i.e., the copies of the FIRs alleged in the dossier of Senior Superintendent of Police Udhampur, site plans, recovery memos, statement of witnesses recorded u/s 161 Cr.P.C have not been supplied to the petitioner who has been prevented from making effective representation against the impugned detention order, as well as, the grounds of detention have not been communicated to the petitioner which is clear violation of mandate of Article 22(5) of Constitution of India r/w Section 13 of Public Safety Act 1978;

(ii) that the impugned detention order is verbatim copy of the dossier which is totally non-application of the mind of the respondent No. 02 who has acted in a mechanical manner and has not applied his mind while passing of the detention order, as respondent No. 02 has neither reflected its own satisfaction nor has drawn its own grounds indicating that he was satisfied that the detenue was acting in any manner prejudicial and detrimental to the maintenance of public order;

(iii) that the Respondent No. 02 viz, District Magistrate, Udhampur has passed an order bearing No. DMU/JC/542-48 dated 17.05.2021 by virtue of which the detenue has been detained and lodged in Central Jail Kot-Bhalwal for a period of (03) three months by exercising powers under Section 8 of Jammu and Kashmir Public Safety Act 1978 with amended Act of 2012, whereas, Respondent No. 02 (Detaining Authority) lacks power and jurisdiction to determine the period of detention of the detenue, such a power in terms of Section 8(4) of Jammu and Kashmir Public Safety Act 1978 belongs to the Government, the detaining authority by deciding the period of detention has violated constitutional safeguards available to the detenue under Article 22 (5) of Constitution of India which vitiates the detention order;

(iv) that the detenue at the time of his detention by Respondent No. 02 was already in custody of Police Station Rehembal Udhampur in connection with FIR bearing No. 71/2021 registered under Section 8/21/22 of NDPS Act in which the detenue was not bailed out, respondent No. 02 – District Magistrate Udhampur did not apply his mind whether detention was necessary despite the fact the detenue was already in custody and not released on bail, there is nothing to indicate that respondent No. 02 – District Magistrate Udhampur has applied his mind to the question whether an order of detention under Jammu and Kashmir Public Safety Act 1978 was necessary, non-application of mind by respondent No. 02 vitiates whole of the proceedings under the detention Act;

2. Respondent No. 02 (District Magistrate, Udhampur) has filed counter affidavit, wherein it has been specifically pleaded, that the Senior Superintendent of Police Udhampur vide communication bearing No. Conf/2021/19415-18 dated 03.05.2021 reported that one Hamraz Singh @ Tiger caste Sikh S/o Sh. Surinder Singh R/o Barrian Tehsil and District Udhampur has become a notorious criminal/ drug peddler, whereby he has continuously shown his involvement in a number of criminal acts in relation to the Narcotic Drugs and Psychotropic Substance; that the detenue is having a long history of affiliation with drugs and drug peddlers which has a serious implication on the society as well as