LIMHATHUNG JAMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Ms. Mika H. Aye, learned counsel appearing on behalf of the Petitioner and Ms. S. Mere, learned Government Advocate appearing on behalf of the State Respondents.

(2.) The present writ petition has been filed by the Petitioner who is the uncle of one Mr. Eshenthung Jami (hereinafter referred to as the "detenu") challenging the Detention Order No.DCP/CON/PT-1/88-89 dtd. 21/7/2023 (for short "the Detention Order") and the Approval Order bearing No.CON/NSA/03/2023/36 dtd. 31/7/2023 issued by the Chief Secretary to the Government of Nagaland (for short "the Approval Order") and further sought for a direction that the detenu be released from detention forthwith.

(3.) It reveals from a perusal of the writ petition that on 5/7/2023, an F.I.R. was lodged before the Officer-in-Charge, Phek Police Station that on the said date, an information was received from the PHQ that a person travelling in a sumo taxi from Phek to Dimapur was arrested by personnels of Kezocha Police Station for possessing of illegal ammunition numbering to 200 live rounds. On being interrogated, it was ascertained that the ammunitions were bought from the detenu, who was the Armorer of Phek DEF. Thereupon, the detenu was detained at Phek Police Station for further investigation. It was also alleged in the said F.I.R. that the detenu admitted to have sold the ammunitions. The Phek Police Personnels also searched the detenu's residence and recovered 20 (twenty) live rounds of 7.62 x 39 mm, 2 (two) live rounds of 9 x 19 mm, 7.62 x 51 mm 4 (four) live rounds, 9 x 19 mm bullet head 6 (six) nos., 7.62 x 51 mm bullet head 2 (two) nos. and 7.62 x 39 mm bullet head 1 (one) no. Further, 500 currency notes amounting to Rs.26,000.00 was also recovered. On the basis of the said F.I.R. so filed, a case was registered being Phek P.S. Case No.0004/23 under Sec. 381/409/120B of the Indian Penal Code read with Sec. 25(1)(a) and (h) of the Arms Act, 1959.