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2023 Supreme(J&K) 240

RAJNESH OSWAL
Adil Afzal Lone – Appellant
Versus
UT of J&K – Respondent


Advocates Appeared:
For the Petitioner: Mr. Wajid Haseeb.
For the Respondent: Mr. Sajad Ashraf, GA.

JUDGMENT :

1. The petitioner through the medium of this petition has impugned the order of detention bearing No.DMS/PSA/144/2021 dated 07.03.2022 issued by District Magistrate, Srinagar-respondent No.2.

2. The petitioner, who claims to have been arrested on 02.03.2022, has impugned the order of detention, inter-alia, on the following grounds :

    (I) That the allegations made in the grounds of detention are vague and non-existent, on which no prudent person can make a representation. The allegations have no concern with the petitioner and the same have been fabricated by the police just to justify the illegal detention of the petitioner.

(II) That the petitioner was neither arrested or detained in connection with FIR No.40/2021, 01/2022 nor he was in custody in the year 2018 and 2019 pursuant to the directions of the Executive Magistrate.

(III) That as per the grounds of detention, the petitioner was in custody in FIR No.01/2022 and there was every likelihood of his being enlarged on bail but the petitioner had never applied for bail anywhere.

(IV) That the relevant material relied upon by the detaining authority has not been provided to the petitioner which incapacitated him to make an eff

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