JUDGMENT :

1. Through the medium of the present petition, the petitioner (detenue) is seeking quashment of the order of detention bearing No. 04/PSA of 2023 dated 22.07.2023 (hereinafter for short, the 'impugned order') passed by District Magistrate, Nandini Hills, Samba, J&K (detaining authority) under Section 8 of the J&K Public Safety Act, 1978 (for short, the Act of 1978).

“Arguments on behalf of Petitioner”

2. It is contended by the learned counsel for the detenue that the impugned order is passed on the basis of four FIRs registered against the petitioner, out of which challan has been produced against the petitioner in FIR No. 299/2021 dated 28.12.2021 for commission of offences under Section 341/323/406/504 Indian Penal Code and FIR No. 50/2023 dated 29.4.2023 for commission of offences under Section 8/22/25 Narcotics Drugs and Psychotropic Substances Act, 1985 (Hereinafter NDPS Act) and in the FIR Nos. 26/2022 and 162/2023, the investigation is stated to be under process.

3. It is submitted that the impugned order and the grounds of detention had been passed on assumption and not on the basis of mandate of the Act 1978. It is further submitted that the grounds of detention are