1. District Magistrate Doda's Order No. DM/DODA/PSA/2KXI/278-85 dated 15.02.2011 directing Ghulam Nabi's detention under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 is questioned on various grounds inter alia urging that being already in Police Custody for commission of Offences under Ranbir Panel code and Arms Act which included offences punishable under Sections 302 and 307 RFC, Ghulam Nabi could not be ordered to be detained in Preventive Custody when there was no material available with the detaining authority to be satisfied that the detenue was likely to be released from custody and, when so released, would indulge in activities prejudicial to the security of state and maintenance of public order. 2. I have considered the submissions made by learned counsel for the parties and perused the Detention Records made available by the learned State counsel. 3. It is not disputed that the detenue was in custody in FIR No. 232/2010 and was also required in two other cases where his involvement for offences punishable under Section 302 RPC was indicated when the Detention Order was issued. 4. In these circumstances, the detenue could be ordered to be detained in Preventive custody only if he was likely to be released from custody and the Detaining Authority was satisfied that he would indulge in activities prejudicial to the security of the State and maintenance of public order after his release. 5. Neither in the police dossier nor in the grounds of detention is it indicated that the detenue was likely to be released from police custody, and rightly so, in that, being accused of heinous offences, there would have been no likelihood of his release from custody on Bail or otherwise unless the Court seized of the matter would find reasonable grounds for believing that he was not involved in the heinous offences in which he was indicated to have been involved. In the circumstances, the detenue could not, therefore, be ordered to be detained in Preventive custody on self assumed supposition and that too without any reasonable basis therefor. 6. Learned District Magistrate has issued Detention orders proceeding on the premise that in case of detenue's release from custody there was apprehension that he may again work for revival of militancy in Marmat Area. 6. Learned District Magistrate has issued Detention orders proceeding on the premise that in case of detenue's release from custody there was apprehension that he may again work for revival of militancy in Marmat Area. The premise on which the learned District Magistrate has proceeded to detain Ghulam Nabi in Preventive custody is not countenanced by law, in that, a person in custody may be detained in Preventive custody, only if the Detaining Authority was satisfied and that too on some material that the detenue was likely to be released from custody and would thereafter indulge in activities for which his detention in Preventive custody be warranted. 7. Therefore, there being no material available with the District Magistrate regarding Ghulam Nabi's release from custody, his detention in Preventive custody is found to have been ordered without application of mind and in a mechanical fashion. The Detention is, therefore, unwarranted, hence unsustainable. 8. This Petition, accordingly, succeeds and is, therefore, allowed quashing District Magistrate Doda's Order No. DM/DODA/PSA/2KXI/278-85 dated 15.02.2011. 9. A direction shall issue to respondents to release Ghulam Nabi S/o Bilal Ahmed Lone R/o Village Tenthi Behota Marmat Tehsil and District Doda from Preventive Custody. 10. Detention Records be returned to the State counsel.