Srinagar, June 11: The J&K High Court has quashed the detention order of a timber smuggler on the grounds that the detaining authority had “not applied the mind properly while slapping the Public Safety Act against the detainee.”
 After quashing the detention, the court directed the respondents to release the detainee immediately if he was not involved in any other offence.
 A bench of High Court while quashing the detention order of Muhammad Shafi Chowhan of Budgam held that the detention order does not survive the legal test.
 The court observed that the “contents of the dossier have been simply copied with addition or alteration of immaterial words.”
 “Then in the order of detention, District Magistrate has mentioned that he has perused the material, dossier and other connected documents but has not said anything about the grounds of detention,” the court held.
  The court said “It is the duty of the detaining authority to carefully examine all the material produced before him and thereafter formulate the grounds of detention to derive subjective satisfaction regarding the detention”.      
 An FIR was lodged against Chohan for assaulting the forest officials and he was detained under PSA for being a “chronic forest smuggler in district Budgam.” The detainee was subsequently lodged in District Jail Kot-Balwal to serve one year imprisonment.
 Senior counsel, Bashir Ahmad Bashir, representing the detainee told the court that only three cases each in 2008, 2009 and 2010 against the detainee do not suggest that he is a habitual timber smuggler.
 He pleaded that the detention grounds against the detainee are beyond legal ambit and is infringing upon his rights.
 The state government was represented by S A Vakil in the case.  

Lastupdate on : Mon, 11 Jun 2012 21:30:00 Makkah time
Lastupdate on : Mon, 11 Jun 2012 18:30:00 GMT
Lastupdate on : Tue, 12 Jun 2012 00:00:00 IST