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2010 Supreme(Gau) 594

MUTUM B.K.SINGH, T.NANDA KUMAR SINGH
Khoisnam Gunaban Singh – Appellant
Versus
District Magistrate, Imphal West District & Ors. – Respondent


Advocates Appeared:
Advocate appeared for the Petitioner:Mr.S.Rajeetchandra, Advocates appeared for the Respondents: Mr.Th.Ibohal & Mr.C.Kamal

T. Nandakumar Singh, J.:-

The petitioner-detenu, in the present writ petition has taken the stand that detention order is liable to be set aside for infringement of his right guaranteed under Article 22 (5) of the Constitution of India inasmuch as he could not file effective representation against the detention order for the failure on the part of the Detaining Authority to furnish copy of the Police report said to have been relied by the Detaining Authority, the District Magistrate, Imphal West for coming to his subjective satisfaction that the petitioner-detenu is likely to be released on bail in near future by the normal criminal Courts as bails are granted in similar cases by the criminal Courts.

2. Heard Mr. S. Rajeetchandra, learned counsel appearing for the petitioner-detenu, Mr. Th. Ibohal, learned senior G.A., for respondent Nos. 1, 2 and 3 and Mr. C. Kamal, learned CGSC appearing on behalf of respondent No. 4.

Factual Background

3. On 20.01.2010 at about 5.30 pm, petitioner-detenu was arrested near his place of work i.e. Computer Gallery located at Keisampat near Churachandpur Bus Parking and thereafter a gun and some ammunitions were recovered from his house and produced bef




























































































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