TELEM MALEMNGANBI Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-4-13
HIGH COURT OF MANIPUR
Decided on April 04,2019

Telem Malemnganbi Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

KH.NOBIN SINGH, J. - (1.) Heard Sri Ph. Sanajaoba with Ms. Jyotsana, learned counsels appearing for the petitioner; Shri A. Vashum, learned Govern-ment Advocate appearing for the State respondents and Shri S. Samarjeet, learned CGC appearing for the Union of India.
(2.) The order of detention dated 07.05.2018 issued by the District Magistrate, Imphal West is under challenge in this writ petition filed by the petitioner who is the wife of the detenu. The order of detention dated 07.05.2018 reads as under: "In the Court of the District Magistrate, Imphal West District, Manipur Order Imphal, the 7th May, 2018 No. Cril/NSA/No.1 of 2018: Whereas, a police report has been laid before me by the S.P., Imphal West, Manipur vide letter No. 22/Spl-Cell/2018 (01)/1539 dated 06-05-2018 that Shri Haobam Brojendro Singh (39 yrs) S/o H. Tombi Singh of Kwakeithel Nganapi Thong, P.S. - Imphal, District - Imphal West, Manipur is acting in a manner prejudicial to the maintenance of public order; and 2. Whereas, on perusal of police reports and enclosures, I, Ningthoujam Geoffrey, District Magistrate, Imphal West, Manipur, am satisfied that his activities are prejudicial to the security of the State an to the maintenance of public order; and 3. Whereas, it is considered necessary to detain Shri Haobam Brojendro Singh (39 yrs) S/o H. Tombi Singh of Kwakeithel Nganapi Thong, P.S. - Imphal, District - Imphal West, Manipur with a view to prevent him from acting in any manner prejudicial to the security of the State and to the maintenance of public order; and 4. Whereas, Shri Haobam Brojendro Singh (39 yrs) has moved a bail application in the Hon'ble Court of Judicial Magistrate, Imphal East in connection with FIR No. 76(3)2018 IPS, u/s 409/'120-B IPC and 20 UA(P) A. Act; and 5. Whereas, I am satisfied from the police report, that Shri Haobam Brojendro Singh (39 yrs) S/o H. Tombi Singh of Kwakeithel Nganapi Thong, P.S. - Imphal, District - Imphal West, Manipur who is now in judicial custody, is likely to be released on bail in the near future since, in similar cases, there are instances of the accused being released on bail by the competent court and that, he would resume activities which are prejudicial to the security of the State and to the maintenance of public order after being so released on bail and that therefore, he should be prevented from commission of such prejudicial activities through an alternative preventive measure. 6. Now, therefore, I, Ningthoujam Geoffrey, 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 Order No. 17(1)/49/80-H(Pt-I) dated 02.05.2018 issued by the Home Department, Government of Manipur make this order directing that the above said person, who was remanded in judicial custody and is now in the Manipur Central Jail, Sajiwa, be detained under section 3(2) of National Security Act, 1980 until further orders. 7. Given under my Hand and Seal of the Court on this seventh day of May, 2018. (Ningthoujam Geoffrey) District Magistrate, Imphal West. Copy to: 1. Secretary to Governor of Manipur, Imphal. 2. Secretary of Chief Minister, Manipur, Imphal. 3. Chief Secretary, Government of Manipur, Imphal. 4. Sr. Superintendent of Police, Imphal West District for execution of the order of detention along with copy of order of detention for the person concerned. 5. Supdt./Addl. Supdt. of Manipur Central Jail, Imphal/Sajiwa. He is requested to keep the detenu in the Manipur Central Jail, Imphal/Sajiwa in (B) Class. 6. Shri Haobam Brojendro Singh (39 yrs), S/o H. Tombi Singh of Kwakeithel Nganapi Thong, P.S. Imphal, District - Imphal West, Manipur. 7. File."
(3.) The allegations as contained in the grounds of detention, are that the detenu was appointed as a Constable in the Manipur Police Department and after having undergone the requisite training, he was transferred and posted at the City Police Station, Imphal. Sometime in the year, 2013, he started consuming SP tablet and No. 4 Heroin powder along with his local friends and during this time, he came to know Shri Laishram Damudor Singh @ Thembung of Kwakeithel Mayai Koibi. Since he could not maintain his family with his salary, he was in need of extra and easy money for which he was determined to do anything. In July, 2016, he met Shri L. Damudor Singh @ Thembung and Thokchom James @ Tonao of Kwakeithel Mayai Koibi, VDF personnel who showed the detenu a 9 mm pistol with three live rounds of ammunition which Shri Thokchom James collected from his cousin namely, Shri Anilkumar Singh of Sangaiprou, a Riflemen at 2nd Bn. Manipur Rifles. The detenu, after having discussed with them about the disposal of the said pistol, purchased the said pistol at Rs.23,000/- (Rupees twenty three thousand) only and sold it, thereafter, at Rs. 25,000/- (Rupees twenty five thousand) only with a profit of Rs.2000/-. The detenu continued to do such illegal trading of weapons issued by the Government for some time. 3.1. On 30.03.2018 at 05:40 pm, Shri P. Manjit Singh, MPS, the Commandant, 2nd Bn. Manipur Rifles, Imphal lodged a written report against Havildar Shri Damodaran N.P and Rifleman, Shri Narayan Chhetry regarding the missing of 56 (fifty six) numbers of auto 9 mm 1A pistol with magazines from the safe keeping of PHQ Pool arms and ammunition inside the Arms Kote of the battalion quarter guard, 2nd Bn. Manipur Rifles in between 11.09.2014 to 29.03.2018. On the strength of the said report, a case under FIR No. 76(3)2018 Imphal PS u/s 409/120-B-IPC was registered at Imphal Police Station. During the course of investigation, the detenu was arrested on 03.04.2018 at 8 pm in connection with the said case and one Samsung mobile handset was seized from his possession by following due procedure and was later remanded to custody. While in custody, the detenu was detained vide order of detention dated 07.05.2018 on the allegation that he had used his position to carry out acts of smuggling or illegal trading of government issued weapons which are prejudicial to the security of the State and the maintenance of public order 3.2. The detenu was serviced with the grounds of detention on 09.05.2018 along with copies of the documents as mentioned therein and was informed that he had the right to make representations to the Government of Manipur as well as the Central Government against the order of detention. Being aggrieved by the order of detention, the instant writ petition has been filed by the petitioner questioning it. ;


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