CHONGCHONG KHONGSAI Vs. STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) Heard Mr.Sanajaoba, learned counsel for the petitioner, Mr.Athouba, learned GA for the State and Mr.Samarjit, learned CGC for the Union respondent.

(2.) The husband of the petitioner has been detained under the National Security Act, 1980 (NSA) under order dated 12.7.2017 on the ground that he belongs to an armed gang namely, Kuki Liberation Army (KLA) having joined the same in the year 2009. It has also been alleged that after having joined the said organisation he underwent basic military training for three months and after his completion of training he was allotted Army No.0234 and stayed at the Gamnon designated Camp doing camp routine works such as sentry duty, mobile and patrolling duty in and around the camp area as well as nearby surrounding villages. It is also stated that he had also taken active part in the encounter between KNF (P) and combined team of KLA & KRA on 21.7.2010, in connection with which FIR Case No.39 (7) 2010 Yairipok P.S under Section 307/326/400/34 IPC & 25 (1-C) Arms Act was registered. Thereafter he was promoted to the rank of S/S Corporal and thereafter to S/S Sgt in the month of December, 2012 and thereafter as S/S Lieutenant directly in February, 2015. Further allegation is that he also contacted arms smugglers in the first quarter of 2017 and petitioner's husband contacted one Fimrothang Hmar, a Rifleman of Manipur Rifles as arranged by Mr. Jangkhohao Khongsai of Thingkanphai Village, Chura-chandpur and disclosed about the willingness to purchase huge number of A.K ammunition. Thereafter, he along with the said Jangkhohao Khongsai purchased five thousand rounds of A.K. ammunition at Rs.7 lakhs at the rate of Rs.140 per ammunition from Fimrothang Hmar. Thereafter, the petitioner's husband along with the aforesaid Jangkhohao Khongsai informed the said Fimrothang for purchasing some more rounds of A.K. ammunition and fixed 30.5.2017 for the next consignment at Chingmeirong near MBC Church, Imphal and accordingly, the petitioner's husband and Jangkhohao Khongsai left Churachandpur for Imphal in order to procure 2780 rounds of A.K. ammunition from Mr.Fimrothang at Chingme-irong near MBC Church, Imphal. However, on the way from Churachandpur to Imphal they were intercepted by the Police and they were arrested and thereupon one Semon Gurung was also arrested and 2780 rounds of A.K ammunitionwere recovered from a Swift Car bearing registration No.MN05 A-8892. However, the said Fimrothang Hmar made his good escape from the Police.

(3.) The charges made against the detenu is indeed serious which led to invocation of the NSA by the State authorities. However, the post detention action of the functionaries of the State Government has been focused by the petitioner to claim his liberty.