LEIMUJAM LOYA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THE petitioner, in this writ application, questions the legality of the order passed by the District Magistrate, Imphal West in Annexure -A/1 dated 19.11.2013 directing his detention under sub section 3 of Section 3 of the National Security Act, 1980.

(2.) FROM the grounds of detention, it appears that the petitioner was first arrested on 18.9.99 from Natum Ching in connection with FIR No. 92(9)99 by Lamlai P.S. and 1 US carbine with 80 rounds and three extra magazines were recovered from him. Subsequently, on 30.9.1999 he was released on bail. It is alleged in the grounds of detention that he is a member of a banned organisation namely People Liberation Army and was involved in activities detrimental to the interest of the State. He was again arrested on 20.9.2013 from a rented house and several documents, mobile phones were seized from him. He was handed over to Officer in -Charge of Imphal Police Station with a written report and the seized articles. On the strength of the said report a case was registered in the said Police station vide FIR No. 250(9)13. When that case was being investigated into, he was arrested formally in connection with FIR case No. 33(10)05. In both the cases he had been remanded to judicial custody. While in judicial custody, the impugned order of detention was passed.

(3.) MR . Y. Ashang, learned G.A. appearing on behalf of the State respondents - 1 and 2 and Mr. Amarjit Naorem, learned CGSC appearing for the respondent No. 3, referring to the grounds of detention, submitted that the documents seized after arrest of the petitioner on 20.9.2013 clearly indicate that he is a member of the said banned organisation and was carrying out activities of the said organization against the interest of the State. It was further submitted that the petitioner had been arrested earlier in 1999 and weapons were recovered from him, but he was released on bail. Therefore, the District Magistrate had every justification for having apprehension that the moment bail application is filed by the petitioner, he would be released on bail.