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HC quashes PSA of bovine smuggler
5/13/2011 10:05:05 PM
EARLY TIMES REPORT
JAMMU, May 13: High court judge, Justice Mansoor Ahmed Mir today allowed habeas corpus petition filed by Sarfaraz Ahmed, who was detained under PSA by Udhampur district magistrate for one year for
allegedly indulging in smuggling of bovine animals from Reasi to Srinagar for their slaughtering, and quashed his detention order.Justice Mir observed that as the DM could detain a person in terms
of the Act for 12 days only, he had no power to pass the detention order for one year.
If at all the detenue had committed breach of peace, the DM could have drawn proceedings in terms of section 107 read with sections 117 of provisions of the code of criminal procedure Svt 198. The
Udhampur DM was empowered to exercise powers within the territorial jurisdiction of Udhampur district only. The impugned order appeared to have been passed on the ground which was subject matter of Reasi DM.
With these observations, the court quashed the PSA of Sarfaraz Ahmed and directed to release him from custody provided he was not required in any other case.
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