NASIR KHAN ALIAS BOI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. Dolen Ph. , learned counsel appearing for the petitioner. Also heard Md. Jalaluddin, learned Addl. Govt. Advocate appearing for the respondent Nos. 1, 2 and 3 and Mr. N. Ibotombi Singh, learned CGC appearing on behalf of the respondent No. 4.

(2.) BY this petition, the petitioner prays for setting aside the detention order of the petitioner dated 4th May, 2007 issued by the respondent No. 2 under Section 3 (2) of the National Security Act, 1980 (Annexure-N/1 to the writ petition ).

(3.) THAT, the facts, briefly, for adjudication of this petition, are that on 11. 04. 2007, the petitioner was apprehended at Guwahati and registered a case being FIR No. 238 (10)/2006 IPS under Sections 307, 326, 427, 34 IPC and Section 3 of the Explosive Substance Act against him and one another. The petitioner was produced before the learned Deputy Magistrate, Imphal on 14. 04. 2007 in connection with the said FIR case and remanded him to police custody till 23. 4. 2007. On 24. 4. 2007, i. e. petitioner was enlarged on bail in connection with the said FIR case by the learned Chief Judicial Magistrate, however, he was formally arrested in connection with (i) FIR No. 163 (10) 06 SJM. PS. U/s 302/34 IPC and 25 (1-B) Arms Act, (ii) FIR No. 129 (9) 06 City PS. U/s 5 Expl. Subs. Act and (iii) FIR No. 195 (12) 06 City PS. U/s 400 IPC and 15/20 UA (P) A. Act, 2004 and 4 Expl. Subs. Act. respectively. On 5. 5. 2007, while the petitioner was at the court premises of the learned Judicial Magistrate 1st Class, Imphal, furnished with a copy of the impugned detention order dated 4th May, 2007, detaining him under the National Security Act.