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2024 Supreme(Online)(J&K) 1818

HIGH COURT OF JAMMU AND KASHMIR
Moksha Khajuria Kazmi, J
SHAKEEL MOHD R S PURA JAMMU TH BANO BIBI – Appellant
Versus
U T OF J AND K TH PRINCIPAL SECRETARY TO GOVT HOME DEPTT AND ANOTHER – Respondent


Advocates:
Mr. Gagan Oswal, Mr. Rajesh Thappa, AAG

JUDGMENT :

1. In the instant petition, the detenue herein, through his mother namely Bano Bibi, has challenged Order No. PSA 12 of 2024 dated 16.03.2024 issued by respondent No.2, by virtue of which the detenue has been detained under preventive detention in terms of the provisions of Section 8(1) (a) of J&K Public Safety Act, 1978.

FACTUAL MATRIX

2. It is stated that FIR No. 09/2020, FIR No. 415/2020, FIR No. 298/2021 and FIR No. 240/2023 under Section 188 of the IPC came to be registered against the detenue at Police Stations, Ghagwal, Nagrota, and Satwari, whereas FIR No. 51/2023 under Sections 451, 341, 323, 506 & 34 IPC and FIR No. 173/2023 under Sections 452, 323, 506 IPC came to be registered against the detenue at Police Station, R S Pura.

3. In FIR No 09/2020, FIR No. 415/2020, FIR No. 298/2021 and FIR No.240/2023, it is alleged that the detenue was smuggling bovine animals from Jammu towards Srinagar in violation of the prescribed permission from District Magistrate concerned, whereas in FIR No. 51/2023 and FIR No. 173/2023 of Police Station, R. S. Pura, it is alleged that the detenue entered into the house of the complainant, beat them with Gandasa and lathies, torn the clot

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