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 before the concerned Magistrate, in connection with FIR No. 9 (1) 2010 IPS under Section 307/326/34 IPC, 3 Expl Subs Act and 16/19/20 UA (P) A Act. The learned Magistrate remanded the petitioner-detenu to the Police custody till 30.01.2010. On 30.01.2010 the petitioner-detenu was furnished with the impugned detention order being No. Cril/NSA/No. 13 of 2010 dated 30.01.2010.

4. Since the learned counsel appearing for the petitioner-detenu has given much emphasis to the contents of the impugned detention order dated 30.01.2010 while pressing case of the petitioner-detenu that his right guaranteed under Article 22 (5) of the Constitution of India has been infringed in the given case, it would be apposite to quote the impugned detention order hereunder.

"In the Court of the District Magistrate: Imphal West District, Manipur Orders Imphal, the 30.01.2010

No. Cril/NSA/No. 13 of 2010. Whereas, a police report has been laid before me that Shri Khoisnam Gunaban Singh @ John @ Ibungo @ Ibomcha (31 yrs.) s/o. Kh. Gouramani Singh of Uripok Khoisam Leikai, PS Imphal, District -Imphal West, Manipur is acting in a manner prejudicial to the security of the State and maintenance of public order;

Whereas, I, K. Radhakumar Singh, District Magistrate, Imphal West, Manipur am satisfied that his activities are prejudicial to the security of the State and maintenance of public order under Section 3(2) of National Security Act, 1980.

Whereas, it is considered necessary to detain Shri Khoisnam Gunaban Singh @ John @ Ibungo @ Ibomcha (31 years) s/o. Kh. Gouramani Singh of Uripok Khoisnam Leikai, PS Imphal, District - Imphal West, Manipur with a view to prevent him from acting in any manner prejudical to the security of the State and maintenance of public order;

And whereas, I am satisfied from the police report that Shri Khoisnam Gunaban Singh @ John @ Ibungo @ Ibomcha (31 yrs.) s/o. Kh. Gouramani Singh of Uripok Khoisnam Leikai, PS Imphal, District - Imphal West, Manipur who is now in Police custody, is likely to be released .on bail in the near future by the normal criminal Court as bails are granted in similar cases by the criminal Courts.

Now, therefore, I, K. Radhakumar Singh, District Magistrate, Imphal West, Manipur in exercise of the powers conferred under sub-section-3 of Section 3 of the National Security Act, 1980 read with Home Department's Order No. 17 (1)/49/80-H (Pt-I) dated 10.11.2009 make this order directing that the above said person who is now in Police Custody be detained under Section 3(2) of the National Security Act, 1980 until further orders.

Given under my Hand and Seal of the Court on this thirty day of January 2010.

Sd/-

(K. Radhakumar Singh) District Magistrate, Imphal West."

5. The detaining authority i.e. the learned District Magistrate, Imphal West, in compl

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