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2013 Supreme(Megh) 59

S.R.SEN
Henrol M. Marak – Appellant
Versus
State Of Meghalaya – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R. Kar, Ms. S.G. Momin,
For the Respondent: R. Gurung

JUDGMENT :

S.R. Sen, J.

1. The instant Writ Petition is directed against the Impugned Detention Order passed by the District Magistrate, West Garo Hills, Tura dated 16.10.2012. The petitioner's case in a nutshell is that:

    The Writ petitioner herein is the brother of the detenue who is booked under the Meghalaya Preventive Detention Act. The State Respondents under the suspicion that the detenue belongs to some unauthorized antisocial militant group has booked him under the above said Act detaining him for a period of three years. The detenue was arrested by the Tura police without warrant on the 12th October 2012 and was kept under the Judicial custody and in the meanwhile on 16th October 2012 the District Magistrate, West Garo Hills, Tura passed the Impugned Detention Order detaining the petitioners brother under the Act. The detenue is a young boy of 20 years studying in class XI and will be appearing in the forthcoming examinations. The Impugned Detention Order suffers from various lapses as the Detaining Authority failed to follow the procedure laid down to be followed in the Preventive Detention Law. The petitioner herein being aggrieved by the said detention order dated 16th Oct

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