MD. RIYAJUDDIN Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard Mr. K. Rabei, learned counsel appearing for the petitioner and Mr. Aleng Vashum, learned State Govt. Counsel appearing for the State respondents and Mr. Amarjit Naorem, learned CGC for the Union of India.

(2.) The present petition has been filed challenging the detention of the petitioner under National Security Act, 1980 vide order dated 26.11.2013, which has been approved by the State Government on 03.12.2013 and subsequently, confirmed vide order dated 06.01.2014. The petitioner was arrested on 02.9.2013 along with Md. Anish Khan by the police commandoes from Chaobok Mairenkhong and one 9 mm pistol with a magazine loaded with 4-5 rounds were recovered from his possession and accordingly, a regular FIR case being FIR No. 74(9) 2013 Lilong P.S. u/s. 364-A/34 IPC, 16/18/20 UA(P) A. Act and 25(1-C) Arms Act was registered in connection with which he was arrested and remanded to police custody till 12.9.2013. Thereafter, he was remanded to judicial custody by an order passed on 12.9.2013 and lodged in Manipur Central Jail, Sajiwa.

(3.) Several grounds have been raised in challenging the aforesaid detention order. It has been contended, inter-alia, that the said detention order was passed mechanically and without application of mind, that there was no material for coming to the conclusion that there was likelihood of the petitioner to continue to act in any manner prejudicial to the security of the State and maintenance of public order and to prevent him from acting in any manner prejudicial to the security of the State, in as much as the petitioner was already in jail at the time of passing of the impugned detention order and he did not file any application for releasing him on bail, that the detenue was not afforded with an opportunity to make representation to the Advisory Board, etc.