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| HC quashes PSA of liquor smuggler | | | EARLY TIMES REPORT
JAMMU, December: 04 (JNF):- Justice JP Singh of J&K High Court Jammu Wing has quashed the detention of Madan Lal alias Madhi r/o Village Nelay Katra who was detained by the order of District Magistrate Reasi on January 4, 2010.
According to the detention grounds, on December 10, 2009 the detenue who is young man of 20 years resident of Nelay, Katra is a habitual criminal and indulging in smuggling of liquor in holy town Katar where the same and purchase of liquor is banned. Due to the criminal activities of the detenue and smuggling of liquor in holy town of Katra is hurting the religious sentiments and safety of the locals and yatries those who came from the different parts of country for Darshan of Shri Mata Vaishno Devi Ji, as such the criminal activities of the detenue highly pre-judicial and detrimental to the maintenance of public law, order and tranquility in the area. In the police report it was mentioned that on July 7, 2002 complainant namely Shanti Saroop s/o Sham Sundar of Amritsar along with Nitish Kumar in injured condition lodged report to the effect that Naresh Pujari and his other associates have beaten them. During the course of investigation that detenue Madan Lal alias Madhi among other accused persons has beaten the complainants. In this regard a case u/s 336/323\314 RPC stands registered with P/S Katra against the detenue and others. It is worthwhile to mention here that in the ground that detention police mentioned the age of the detenue on December 2009 is 20 years and he has committed first offence in the age of 13 years and also serious type cases are registered against him.
The court after hearing Advocate Mohd Shaqir Hussain for the petitioner and AAG Gagan Basotra for the state observed that perusal of the grounds of the detention indicates that the District Magistrate has neither reflected his own satisfaction nor drawn his own grounds in support indicating that he was satisfied that the detenue was acting in any manner pre-judicial to the maintenance of public order which activities were required to be preventive for maintenance of public order. Even otherwise reading the provisions of section 8(3) (b) of Act reveals that the activities attributed to the petitioner, inter-alia of indulging in smuggling of liquor do not attract any one or the other sub clauses of the J&K Public Safety Act to term his activities of the detenue, as pre-judicial to the maintenance of public order. The state counsel’s submissions that the detenue’s activities fall within the definition of the expression maintenance of public order, is thus found untenable and quashed the detention order passed by District Magistrate Reasi on January 4, 2010 where by detenue was detained under Public Safety Act. JNF
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