1. The petitioner-Khaliq Hussain has approached this Court seeking quashing of District Magistrate, Poonch's Order No. 07/PSA of 2010 dated 27.11.2010, whereby he was ordered to be detained under Section 8 of the Jammu and Kashmir Public Safety Act, 1978, on various grounds. 2. The Detaining Authority and the State Government were allowed several opportunities to respond to the Motion. They have, however, opted not to file any Response to the Petition. 3. Detention Records which were ordered to be kept available, too have not been produced. 4. In the circumstances, this Motion needs consideration on the basis of the material available on records. 5. Heard learned counsel for the parties and considered their submissions. 6. The petitioner, arrested in FIR No. 166/2010 registered at Police Station Mendhar under Sections 307/212/216/120-B RPC and 2/3 E&IMCO and 7/25 Arms Act, was released on bail on 23.09.2010. The petitioner's Detention was ordered after a period of two and a half month of his release on bail. The grounds of Detention on the basis whereof he was ordered to be detained, do not, however, indicate any such omission or activity of the petitioner on the basis whereof it be said that there was apprehension of his indulgence in activities prejudicial either to the security of State or maintenance of public order or such other situation for which his detention in preventive custody be warranted. The District Magistrate has rather omitted to take notice of the petitioner's activities after his release on Bail. There is noting on records on the basis whereof any adverse activity be attributed to the petitioner during the period he remained on Bail until his detention in preventive custody. 7. The grounds of detention indicate that petitioner was detained on the basis of the activities for which he was arrested and later released on Bail by the Competent Court of Jurisdiction. 8. The sine qua non for curtailing the liberty of a person by directing his Detention in preventive custody, particularly of the one released by a Competent Court of Jurisdiction on Bail or otherwise, is the satisfaction of the Detaining Authority regarding likelihood of such person's indulgence in activities prejudicial to the security of State or such other situation for which his detention be warranted under law to prevent him from indulging in such activities. Such satisfaction is required to be recorded on the basis of some or the other material available with the Detaining Authority on the basis whereof his indulgence in such activities be apprehended. 9. Neither is there any material on records nor has any act or omission of the petitioner been referred by the Detaining Authority in the grounds of detention on the basis whereof apprehension conceived by the Detaining Authority about petitioner's indulgence in activities prejudicial to the security of State, be justified. 10. Therefore, in the absence of any act, overt act or omission attributed to the petitioner after his release on bail, indicating his likelihood to indulge in activities prejudicial to the security of State or other contingencies justifying his detention, the petitioner's detention in preventive custody cannot be justified. 11. The petitioner's detention based only on the plea that he was found in possession of arms on 5th September, 2010 may not be justified his detention in preventive custody after more than 2-1/2 months of his release on bail when nothing adverse was attributed to him for all these months when he is stated residing in his own house after his release on Bail by the Court, in the grounds of Detention. 12. For all what has been said above, the order passed by the District Magistrate is found arbitrary and a result of non- application of mind of the Detaining Authority in directing the petitioner's Detention. The Detention Order curtails the petitioner's Right to personal liberty without any justifiable ground therefor. It needs to be set aside to restore his right to personal liberty. 13. This Petition accordingly succeeds and is, therefore, allowed quashing District Magistrate, Poonch's Order No. 07/PSA of 2010 dated 27.11.2010. A direction shall issue to the respondents to release Khaliq Hussain S/o Sh. Nazir Hussain forthwith from custody, in case he was not required in any other case.