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| HC quash PSA of bovine smuggler | | | EARLY TIMES REPORT
JAMMU, Dec 2: Justice Rajnesh Oswal of Jammu & Kashmir and Ladakh High Court quashed the detention of Bari Shah Bovine Smuggler.
While quashing the order order No. DMR/INDEX-02 dated 11.04.2023 issued by the District Magistrate Rajouri, whereby the Bari Shah has been detained under Section 8 of the J&K Public Safety Act, 1978 (for short “the Act”) as his activities have been found to be prejudicial to the maintenance of public order in the District Rajouri, Justice Rajnesh oswal after hearing Adv Ashok Sharma for the petitioner, observed that The grounds of detention prepared by the respondent No. 2 depict that the order impugned has been issued taking into consideration that the petitioner had been a habitual bovine smuggler and his activities had the potential of disturbing the maintenance of peace and harmony in the District, Rajouri. Out of six FIRs registered against the petitioner, five FIRs have been lodged in respect of transporting the bovine animals when there was prohibition for the same.
Such activities in fact have the potential of disturbing the peace and tranquility of the region and because of this reason only the transportation of the bovine animals is prohibited by the competent authorities.
The record further divulges that no illegal activity has been attributed to the petitioner ever since 30.10.2019 when the FIR bearing No. 86 of 2019 under Section 341/323/504/506 RPC was registered at Police Station, Kalakote, whereas, the order impugned has been passed on 11.04.2023. Thus, there is a gap of more than 3 V years between the last illegal activity attributed to the petitioner and the order of detention, which was passed on 11.04.2023. This gap has snapped the live link between the alleged illegal activities and the purpose for which the detention order has been issued by the respondent No. 2. The delay in passing the order of detention is fatal and in this respect, it would be apt to take note of the judgment of the Apex Court in case titled, ‘Saeed Zakir Hussain Malik vs. State of Maharashtra’.
Court observed that the order of detention bearing Order No. DMR/INDEX-02 dated 11.04.2023 issued by respondent No. 2 i.e. District Magistrate, Rajouri is not sustainable and the same is, accordingly, quashed.
In view of the voluntary offer made by the learned counsel for the petitioner under instructions from the petitioner that the petitioner is ready to file an undertaking that he would not henceforth indulge himself in any act of bovine smuggling, this Court deems it proper to direct the petitioner to furnish an undertaking with the District Magistrate, Rajouri that he will not indulge in any activity of bovine smuggling in future. |
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