Excelsior Correspondent
JAMMU, Sept 29: Jammu & Kashmir and Ladakh High Court today upheld the detention under PSA of Mustaq Khan alias Lucky, a narcotics smuggler.
While dismissing the petition, Justice Sanjay Dhar observed, “petitioner has placed on record a copy of the dossier, which does not bear reference to FIR No. 58/2023, but according to the respondents, it is the dossier on the basis of which, the impugned order of detention has been formulated that has been supplied to the petitioner”.
“This particular dossier bears reference to both the FIRs. The execution report bears signatures of the petitioner and the Detaining Authority has sworn an affidavit wherein it is stated that whole of the material has been supplied to the detenue. Therefore, the version of the respondents has to be accepted. Thus, it cannot be stated that the petitioner has not been provided the entire material forming basis of grounds of detention”, High Court said, adding “it has been contended that the petitioner has been granted bail in both the FIRs, reference whereof is given in the grounds of detention, does find a mention in the grounds and this exhibits lack of application of mind on the part of the Detaining Authority”.
“It is correct that the fact regarding grant of bail to the petitioner does not find mention in the grounds of detention but if we have a look at the grounds of detention and the record of detention that was placed before the Detaining Authority, it becomes crystal clear that the authority was alive to the fact that the detenue was on bail and despite this the Detaining Authority has passed the impugned order of detention”, High Court said, adding “in fact the Detaining Authority has in its counter affidavit specifically pleaded that it was having the knowledge about grant of bail to the detenue in both the cases”.
“Thus, it cannot be stated that there was lack of application of mind on the part of the Detaining Authority”, High Court said.
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