CHANDAN KALITA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. M. Sarania, learned counsel for the petitioner, Mr. N. Upadhyay, learned Govt. Advocate, Assam, who has produced the record and Mr. DC Bora, learned Central Govt. Counsel. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of detention order dated 9.02.2015, passed by the Commissioner of Police, Guwahati detaining the petitioner for a period of 3 months in exercise of power conferred under sub -section (3) of Sec. 3 of the National Security Act, 1980 (Act).

(2.) A perusal of the order dated 09.02.2015 indicates that it was based on the report and prayer of the Deputy Commissioner of Police, Central Police District, Guwahati dated 04.02.2015 alongwith the enclosed dossier, which disclosed that petitioner is presently in judicial custody in Central Jail, Guwahati in connection with Jalukbari PS Case No. 882/2014, under Sec. 120(B)/399 IPC, read with Sec. 25(1A) of the Arms Act. Petitioner was earlier arrested by East Garo Hills Police, Meghalaya for anti -national activities. After he was released by Meghalaya Police, he was arrested in the following cases: -

(3.) Dispur PS Case No. 1323/2014, under Sec. 365 IPC in addition to Jalukbari PS Case No. 882/2014, under Ss. 120(B)/399 IPC, read with Sec. 25(1A) of the Arms Act as noticed above. It is stated that petitioner is a trained militant belonging to the outlawed United Liberation Front of Assam capable of handling sophisticated weapons and involved in heinous crimes in the city of Guwahati and other areas. Expressing his satisfaction that detention of the petitioner is necessary since if he is released from custody, there is every possibility of him indulging in activities prejudicial to the maintenance of public order, the detaining authority i.e., Commissioner of Police passed the impugned order as above.