MRS. LUNNIANGPAITE Vs. DISTRICT MAGISTRATE, BISHNUPUR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 30.3.2016 passed by the District Magistrate, Bishnupur, respondent No.1, whereby and whereunder the respondent No1, in exercise of powers conferred under sub section (3) of section 3 of the National Security Act, 1980, passed the order of detention in Cril.4/NSA/DM.BPR/2016 against the detenue namely MrsLunniangPaite after being satisfied that in order to prevent the detenue from acting in any manner prejudicial to the security of the State and maintenance of public order it has become necessary to do so.

(2.) The grounds on which order of detention was passed are that the detenue along with her husband was leading a normal life but they developed bad habitsas result of which they felt necessity of more money. Therefore, the detenu along with her husband contacted one LianpaoInpiZou @ Papao, resident of Myanmar, an arm dealer sometime in the year 2014. Thereupon, the detenue along with her husband and also other persons started indulging themselves in smuggling of arms and ammunitions arranged by said Lianpao @ Papao. In that process, detenue along with her associates had sold number of arms procured from Myanmar to different persons located at Kwakta and Churachandpur. In the month of October, 2015 the detenuehad sold a rifle along with magazines to a couple of Thadou at Rs.2,40,000/ -, the profits were shared by the detenue and her associates. On 13.2.2016 husband of the detenue and others procured two rifles arranged by said Lianpao @ Papao and kept under the custody of one Don Lam ChingZou and Jamchinthang. The said arms and ammunitions were to be sold to one NgangamKuki of Kwakta. On 19.2.2016 when the detenue along with others were taking said arms towards Kwakta on an auto rickshaw by concealing the arms and ammunitions in a gunny bag, they were intercepted by the police team of CDO Bishunupur and recovered the rifles and magazines for which a case was registered as Moirang PS case No.18(2) 16 U/s 400/34 IPC and also u/s 25(1 -C) of the A.Act. The detenue was arrested and was remanded to Jail custody.

(3.) On such ground the respondent No.1, after recording that the detenue is acting in the manner prejudicial to the maintenance of public order, passed order of detention on 30.3.2016 while she was lodged in Jail. The said order of detention was approved on 7.4.2016. The aforesaid order of detention and its approval have been challenged on several grounds.