RAJU PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE legality and validity of the detention order dated 07. 08. 2006 issued by the special secretary to the Government of Nagaland, under Sub-Sections 3 (1) and (2) of the National Security Act, 1980 (for short, 'the Act') has been assailed in this Habeas Corpus Petition (hereinafter referred to as 'the petition' ).

(2.) IT is complained in this petition that the petitioner who is a driver was arrested on 12. 05. 2006 at around 0700 hrs by the district police manning Khuzama Check gate alleging that he was carrying arms, by using camouflage army uniform in a truck driven by him bearing army vehicle registration. The police on suspicion checked the vehicle wherefrom they recovered about 4,200 Kgs of contraband ganja, including 5 (five) Nos. of AK-47 magzines (wooden), 3 (three) Nos. magazine pouch, 3 (three) Nos. camouflage uniform caps, 2 (two) Nos of pants, 4 (four) nos of shirts etc. and accordingly a police case was registered in this connection being Kzma PS C/no. 0018/06 U/s 140 IPC read with 20 (6) (II) (C) NDPS Act and investigation ensued. While he was in custody, it is alleged in this petition that the petitioner was served with the detention order dated 07. 08. 2006 as mentioned above putting him under detention under the Act basically on two grounds namely (i) he was acting in a manner prejudicial to the security of the State of Nagaland and (ii) maintenance of public order.

(3.) HEARD Mr. H. R. A. Choudhury, learned Sr. counsel assisted by Ms. S. K. Nargis, learned counsel for the petitioner. Also heard Mr. P. C. Gayan, learned Central Government Counsel as well as Ms. T. Khro, learned State counsel, Nagaland appearing for the official Respondents.