MOIRANGTHEM BOBOI SINGH Vs. DISTRICT MAGISTRATE, IMPHAL EAST

JUDGEMENT

(1.) HEARD Mr. Ch. Ngongo, learned counsel appearing for the petitioner, Mr. A. Vashum, learned GA for the respondent Nos. 1 to 3 and Mr. S. Rupachandra, learned ASG for the respondent No. 4.

(2.) IN the present petition, the petitioner has challenged the detention of the petitioner under Section 3(2) of the National Security Act, 1980 vide order dated 20.1.2014 issued by the District Magistrate, Imphal East District. One of the grounds taken for assailing this order of detention is that no legally acceptable material has been disclosed in the impugned order for arriving at the subjective satisfaction by the detaining authority that the petitioner who is already in custody is likely to be released on bail, except for mentioning the bail order dated 10.6.2011 passed by the Judicial Magistrate 1st Class, Imphal in connection with FIR No. 29(6) 2011 LSG, P.S. U/S. 17/20 UA(P)A. Act. It has been submitted that such subjective satisfaction is not based on any legally admissible material in view of the fact that the petitioner had never applied for any bail in connection with the case for which he had been kept in custody prior to passing of the impugned preventive detention order.

(3.) MR . A. Vashum, learned GA appearing for the State respondents as well as Mr. S. Rupachandra, learned ASG appearing for the respondent No. 4 fairly admit to the settled legal position as mentioned above.