EASTER Vs. STATE OF NAGALAND
LAWS(GAU)-2018-10-94
HIGH COURT OF GAUHATI (AT: KOHIMA)
Decided on October 25,2018

Easter Appellant
VERSUS
STATE OF NAGALAND Respondents

JUDGEMENT

KALYAN RAI SURANA,J. - (1.) Heard Mr. Limawapang, learned counsel for the petitioner as well as Mr. K. Wotsa, learned Senior Government Advocate for the respondent Nos. 1 to 4 and Mr. K. A. Rongmei, learned ASGI for the respondent No. 5.
(2.) By the habeas corpus petition filed under Article 226 of the Constitution of India, the petitioner who is the wife of the detenue, namely Kabir Ahmed, is seeking setting aside nd quashing of the impugned orders dated (i) 12.01.2018, (ii) 17.01.2018, (iii) 6.3.2018, and (iv) 21.03.2018, and to set the detenue at liberty.
(3.) The U.B.I. of Crime Branch, C.I.D. Dimapur lodged an FIR before the Government Railway Police, Dimapur on 11.11.2017 that at around 5:00 A.M. on 11.11.2017, while on surveillance duty, two persons, namely, (1) 'S.S.' Kajapeyu Kabir Ahmed, (2) Nazmul Islam was arrested for collecting tax in the name of NSCN (IM) from truckers at Dimapur Railway Station. It was stated that on random interrogation, Kabir Ahmed, one of the apprehended person is a cadre of NSCN (IM) collecting illegal taxes in and around Dimapur city for NSCN (IM) with small arms intimidating tax payers who pay unwillingly. He was taken to his residence and during search (1) one .32 mm Pistol with 05 (five) live rounds with license B/R No. 7179 NL/DMR, (2) 2580 Nos. of Spasmo Proxyron Capsule were seized from possession of Kabir Ahmed and it was further stated that (1) 2 two Nos. of Duplicate Receipt issued to several truckers, (2) Cash demand and receipt list were recovered and seized from possession of Nazrul Islam. On receipt of FIR, a case being GRPS Case No. 0020/07 u/s 385/506/511/34 and u/s 25(1-B) Arms Act, u/s 13 DC Act r/w 7 NSR was registered.;


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