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1992 Supreme(Gau) 51

W.A.SHISHAK, H.K.SEMA
PAOTHING TANGKHUL – Appellant
Versus
STATE OF NAGALAND – Respondent


JUDGEMENT

Shishak, J. :- In this writ application filed on 16-3-1992, it is stated that the petitioner has been detained under S. 3 of National Security Act by an order passed by Judicial Magistrate, First Class, Shri Khape Koza, respondent No. 2. The petitioner, according to the certificate issued by Jailor, Dimapur Sub-Jail, has been in custody under the aforesaid Section of law with effect from 24-12-1991.

2. It appears the petitioner was earlier arrested in connection with some other criminal cases but in those cases he was granted bail. It is the specific submission of the learned counsel for the petitioner that the petitioner is now detained in sub jail, under the aforesaid S. 3 of NSA as stated above. It is stated by learned counsel for the petitioner at the bar today that as per information received from the Jailor the petitioner has been kept under detention on the basis of custody warrant only And in that custody warrant the on Section mentioned is S. 3 of NSA. It is further stated by the learned counsel that when the petitioner requested the respondent No. 2 to furnish copy of order of detention he was informed that he was simply told that the facts could be ascertained on














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