1. Mr. Mohammad Sidiq Mir, father of Shabir Ahmad, detenue herein, has questioned Order No.DMS/PSA/62/2011 dated 01.02.2012 passed by the District Magistrate, Srinagar, responden t no.2 herein, whereby detenue came to be detained for a period of one year in terms of the Jammu & Kashmir Public Safety Act, 1978 (for short Act), on the grounds taken in the petition. 2. Respondents have filed reply and contested the same. 3. It appears earlier also detenue was detained in terms of detention Order No. DMS/PSA/01/2010 dated 20.04.2010. Thereafter, the said detention order was revoked by the Government itself vide Order No.Home-97/PB-V/1352/2010 dated 15.06.2010 and the detenue was released. It appears the allegations contained in both the detention orders are same. It is apt to reproduce the relevant paragraph of grounds of detention herein. "You were re-arrested on 05/01/2012 in connection with investigation of case FIR 46/2010 u/s 379 RFC by Police Station Kralkhud and at your instance/disclosure (04) stolen vehicles/cycles were recovered from different areas. You are presently lodged in Police Station, Kralkhud, Srinagar on proper remand. The investigation has also revealed your relation with various antisocial elements whose activities have been found prejudicial to the maintenance of public order. Though, you are presently under custody but there is a likelihood of your being admitted to bail and in case you get released at this stage there is a well founded apprehension that you will again indulge in similar activities as have been mentioned above." 4. Thus, the allegations attributed to the detenue relate to the year 2010 on the basis of which he was already detained, as discussed hereinabove. Therefore, the impugned detention order suffers from non application of mind. 5. The detaining authority has passed the impugned order without formation of grounds of detention. It is apt to reproduce paragraph-1 of the detention order. "Whereas, Senior Superintendent of Police, Srinagar vide his letter No.1gl/Det-2779/2012/328-31 dated 30.01.2012 has produced material record, such as dossier and other connecting documents in respect of Shabir Ahmad Mir S/O Mohammad Sidiq Mir R/o Dardpora Kralpora, Kupwara." 6. While going through the impugned detention order, one comes to an inescapable conclusion that the District Magistrate, Srinagar has passed the detention order on the basis of dossier placed before him by the Senior Superintendent of Police, Srinagar. 7. While going through the impugned detention order, one comes to an inescapable conclusion that the District Magistrate, Srinagar has passed the detention order on the basis of dossier placed before him by the Senior Superintendent of Police, Srinagar. 7. There is nothing on the file to hold that the detaining authority has given cogent reason for detaining the detenue. The detenue has specifically averred that no notice was given to him for making effective representation to the District Magistrate or to the Government. 8. Admittedly, there is delay in executing the detention order. The detention order was made on 01.02.2012 and was executed on 26.02.2012. Why the detention order was not executed with effect from 01.02.2012 to 26.02.2012, is not forthcoming. Thus, the delay has crept-in in executing the impugned detention order. No cogent reason has been assigned by the detaining authority despite of the fact that he was arrested in FIR No.46/2010 on 05.01.2012, thus was in custody in FIR No.46/2010 at the relevant point of time. 9. Viewed thus, this habeas corpus petition is allowed, the impugned detention order is quashed and the detenue is directed to be released forthwith, provided he is not involved or required in any other case. Disposed of.