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Mohammad AmIn Wali Vs. State of Jammu and Kashmir and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtJammu and Kashmir High Court
Decided On
Judge
Reported in1977CriLJ1684
AppellantMohammad AmIn Wali
RespondentState of Jammu and Kashmir and ors.
Excerpt:
- .....station kothi bagh, srinagar by respondent no. 3, who is a dy. s. p. in the crime branch of the bihar police. it was alleged that the respondent no. 3 was bent upon to carry the detenu to bihar and has given out that the detenu will be detained in a prison in bihar. the petitioner has further alleged that the detenu was neither at the time of arrest given any grounds of detention nor have the same been communicated to him which fact was directly in violation of the spirit and letter of' the law under which he has reportedly been arrested, another ground taken by the petitioner was that the law of conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter referred to as cofeposa) has not been made applicable to the state of jammu and kashmir and as.....
Judgment:
ORDER

G.M. Mir, J.

1. This is a petition Under Section 491 of the State Cr. P. C. for issuing a direction for release of one, Gh. Rasool Wali, who is alleged to be held illegally by the respondents 2 and 3 at Police station Kothi Bagh, Srinagar.

2. The petition has been submitted by the brother of the detenu namely, Mohd Amin Wali on the grounds that without any just cause or any legal justification his brother has been taken into custody and lodged in police station Kothi Bagh, Srinagar by respondent No. 3, who is a Dy. S. P. in the Crime Branch of the Bihar Police. It was alleged that the respondent No. 3 was bent upon to carry the detenu to Bihar and has given out that the detenu will be detained in a prison in Bihar. The petitioner has further alleged that the detenu was neither at the time of arrest given any grounds of detention nor have the same been communicated to him which fact was directly in violation of the spirit and letter of' the law under which he has reportedly been arrested, Another ground taken by the petitioner was that the law of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA) has not been made applicable to the State of Jammu and Kashmir and as such no warrant issued under the said Act by the Govt. of Bihar could be executed in this State. His further contention was that the detenu cannot be removed from the State of Jammu and Kashmir without the consent of the Govt. of Jammu and Kashmir. It was also alleged that the arrest of the detenu being in violation of the mandate of the Criminal Procedure Code, the respondents be directed to set the detenu at liberty without any further delay in the interests of justice. 3. In reply the respondent No. 3 has submitted that the petitioner's brother namely Gh. Rasool Wali has been arrested in pursuance of the detention order bearing No. 1128-C dated 13-2-1976 issued by the Govt. of Bihar in exercise of its powers conferred by Sub-section (1) of Section 3 of the COFEPOSA of 1974. A copy of the said order was submitted alorigwith the reply affidavit which reads as under:

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