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01. By the dint of order bearing No. 102/DMB/PSA/2017 dated 12th of September, 2017, passed by the Respondent No.2/District Magistrate, Baramulla, in exercise of the powers conferred in him under clause (a) of Section 8 of the J&K Public Safety Act, 1978 (for short "The Act of 1978"), one Suhail Ahmad Sheikh @ Suhail Dakoo S/o Nazir Ahmad Sheikh R/o Tawheedgung, Baramulla, District Baramulla, has been detained and lodged in Central Jail, Kotebhulwal.

02. The detenue has challenged the said order of detention, chiefly, on the grounds that the detaining authority has failed to apply his mind to the fact whether the preventive detention of the detenue was imperative, notwithstanding his custody in a substantive offence. To this, it has been added, that the Respondent No. 2 has passed the order of detention on the dictates of the sponsoring agency, i.e. the Officer who has prepared the police dossier and no attempt has been made by the Respondent No.2 to scan and evaluate it before passing the order of detention.

03. Counter has been filed by the Respondents, wherein it is stated that the grounds of detention have been furnished to the detenue. The detaining authority has complied with the requirement of Clause 5 of Article 22 read with Article 21 of the Constitution of India. The detenue has failed to avail the remedy prescribed under the Act. He has not filed the representation against the order of detention. It has also been stated that the detenue is involved in case FIR No. 391/2016 registered in Police Station, Baramulla, for the commission of offences punishable under Sections 7/27 Arms Act; case FIR No. 301/2016 registered in Police Station, Baramulla, for the commission of offences punishable under Sections 307, 148, 149, 336, 332, 353 RPC; case FIR No. 179/2016 registered in Police Station, Baramulla, for the commission of offences punishable under Sections 307, 148, 149, 336, 332, 353 RPC; case FIR No. 277/2016 registered in Police Station, Baramulla, for the commission of offences punishable under Sections 307, 148, 149, 336, 332, 353 RPC; case FIR No. 287/2016 registered in Police Station, Baramulla, for the commission of offences punishable under Sections 307, 148, 149, 336, 332 RPC and case FIR No. 290/2016 registered in Police Station, Baramulla, for the commission of offences punishable under Sections 307, 148, 149, 336, 332, 353 RPC. In the end, it has been urged that since the order of detention has been passed on justifiable grounds, therefore, the instant Habeas Corpus petition merits dismissal, and it may, accordingly, be dismissed.

04. Heard and considered.

05. The main plank of the argument of the learned counsel for the detenue is that since the detenue was in custody of the police authorities for a substantive offence, therefore, there was no need to direct his preventive detention. It has been stated in the grounds of detention that the detenue is involved in FIR No. 391/2016 registered in Police Station, Baramulla, for the commission of offences punishable under Sections 7/27 Arms Act; case FIR No. 301/2016 registered in Police Station, Baramulla, for the commission of offences punishable under Sections 307, 148, 149, 336, 332, 353 RPC; case FIR No. 179/2016 registered in Police Station, Baramulla, for the commission of offences punishable under Sections 307, 148, 149, 336, 332, 353 RPC; case FIR No. 277/2016 registered in Police Station, Baramulla, for the commission of offences punishable under Sections 307, 148, 149, 336, 332, 353 RPC; case FIR No. 287/2016 registered in Police Station, Baramulla, for the commission of offences punishable under Sections 307, 148, 149, 336, 332 RPC and case FIR No. 290/2016 registered in Police Station, Baramulla, for the commission of offences punishable under Sections 307, 148, 149, 336, 332, 353 RPC. The arrest of the detenue in the said FIRs at the time of the passing of the order of detention has not been disputed.

12. In the backdrop of what has been said and done above, the instant Habeas Corpus petition is allowed, as a consequence of which, the order of detention bearing No. 102/DMB/PSA/2017 dated 12th of September, 2017, passed by the Respondent No.2/District Magistrate, Baramulla, is quashed with a further direction to the respondents to release the person of Suhail Ahmad Sheikh @ Suhail Dakoo S/o Nazir Ahmad Sheikh R/o Tawheedgung Baramulla, District Baramulla, forthwith from the preventive custody, if not required in any other case.