NARENGBAM MARJIT SINGH Vs. DISTRICT MAGISTRATE IMPHAL EAST

JUDGEMENT

(1.) THE Petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a direction for quashing the detention order dated 23. 05. 2007 issued by the District Magistrate, Imphal East, Manipur under Memo No. Cril/nsa/ no. 3 of 2007. By this order, the District Magistrate has detained the petitioner under National Security Act, 1980 (Annexure-A/1 ).

(2.) WE have heard Mr. Ch. Ngongo, learned counsel for the petitioner and Mr. R. S. Reisang, learned Addl. Govt. Advocate for the State respondents. The Union of india (Respondent No. 4) was represented by Mr. K. Kumar, learned Addl. Central government Counsel.

(3.) ALTHOUGH several grounds were taken in the writ petition challenging the detention order, however, during the course of argument the learned counsel for the petitioner challenged the detention order basically on the ground that there was no material before the District Magistrate to take a view that the petitioner was likely to be released on bail in near future. In support of this submission, the learned counsel relied upon judgments of the Hon'ble supreme Court rendered in the case of (i) Ramesh Yadav V. District Magistrate etah and Ors,: AIR 1986 SC 315, (ii) Binod Singh V. District Magistrate, Dhanbad, bihar and Ors: (1986) 4 SCC 416, (iii) Kamarunnissa V. Union of India and Anr. : air 1991 SC 1640: (1991) 1 SCC 128, (iv) A. Shanthi V. Govt. of Tamil Nadu and ors. (2006) 9 SCC 711 and (v) T. V. Sravanan @ S. A. R. Prasana Venkatachaariar chaturvedi V. State through Secretary and Anr. reported in (2006) 2 SCC 664.