SEMON GURUNG Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard Shri Ch. Ngongo, the learned counsel appearing for the petitioner; Shri A. Vashum, the learned Government Advocate appearing for the State Government and Shri S. Samarjeet, the learned CGC appearing for the respondent No. 4, the Union of India. FR/NFR

(2.) The legality and correctness of the order of detention dated 12-07-2017 passed by the District Magistrate, Bishnupur, Manipur is under challenge in this writ petition.

(3.) The facts and circumstances as narrated in the grounds of detention are that the detenu was born at Tamenglong, Manipur and was brought up at Imphal as his father (L) Lalbahadur Gurung was working as a Havildar, 1st Bn. Manipur Rifles. After having failed at his 10th standard in the year 2002, the detenu gave up his further studies. However, the detenu was appointed as a Rifleman of 5th Bn. Manipur Rifles in the month of March, 2006 and after having undergone the basic training at the Manipur Police Training College, Pangei, the detenu was detailed as an escort of the Dy. Commandant and he continued in that capacity till the last week of May, 2017 when he was posted at Bn. Headquarter, Tamenglong. As the detenu could not maintain his family with the meagre amount of his salary, he thought of earning more money without hectic efforts as was being done by his associates namely, Rfm. Asem Brojen Singh and Rfm. Yahiya Khan whom he came to know from Mr. Fimrothang Hmar. Thereafter, the detenu along with his associates planned for a consignment and decided to deliver AK ammunitions on 30-5-2017 at Imphal for which 2780 ammunitions were handed over to him by his associates. As per plan, on 30-05-2017 the detenu and his associate, Mr. Fimrothang Hmar left 1st BN MR family line quarter in a white Maruti Swift Car being Registration No. MN-05A-8892 for delivery of the said ammunitions and while they were waiting for delivery at Chingmeirong near MBC Church, the detenu was arrested by a police team of CDO-Bishnupur while Mr. Fimrothang Hmar escaped from the police. The said ammunitions, two back pacts, the said white Maruti Car, one Samsung mobile J7 with JIO and Vodafone SIM cards were seized from his possession. Thereafter, the detenu was handed over to O.C., Moirang PS with a written report and seized articles and was formally arrested in connection with a case under FIR No.50(5)2017 Moirang P.S. U/S 400 IPC-265 (1-C) Arms Act and remanded to the judicial custody on 06-06-2017. While in custody, the said order of detention dated 12-07-2017 was issued by the District Magistrate, Bishnupur. Being aggrieved by the said order of detention dated 12-07-2017, the instant writ petition has been filed by the detenu praying for setting aside it and also for setting him at liberty on various grounds as detailed at para 17 of the petition.