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2022 Supreme(Gau) 735

Shenungcha – Appellant
Versus
State of Nagaland – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P. Surien.

JUDGMENT :

Devashis Baruah, J.

1. Heard Mr. P. Surien, learned counsel for the Petitioner and Mr. V. Zhimomi, learned Government Advocate appearing on behalf of the State.

2. This is petition under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to quash and set aside the Detention Order passed by the Commissioner of Police and District Magistrate, Dimapur, vide No. CP/DMR/CB-19/2021-22/2204, dated 04.10.2021; the Approval Order vide No. CON/NSA/20/2021/118, dated 08.10.2021 and the Confirmation Order vide No. CON/NSA/20/2021/192, dated 24.11.2021 and for a direction, that the Respondents immediately release the Detenue. The case of the Petitioner in brief is that, on 29.09.2021, at around 00:30 hrs, a search operation was launched by the 7th Assam Rifles, alongwith Police representatives at the house of the Detenue (the husband of the Petitioner) which allegedly led to the recovery of one .32 pistol, one magazine and two rounds of .32 pistol. On the basis thereof, the Detenue was apprehended on allegation of illegally possessing the seized items. On the same date, i.e. on 20.09.2021, Nb/Sub Dalbir Singh lodged an FIR with the Chumukedima Polic

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