ORDER : Heard Mr. Ph. Sanajaoba, learned counsel appearing for the petitioner, Mr. Y. Ashang, learned G.A. appearing for the State respondent as well as Mr. S. Rupachandra, learned ASG appearing for the respondent No.3. 2. In spite of ample opportunities being given when the affidavit in opposition was not filed, the matter was taken up for hearing. 3. This application has been filed for quashing of the order dated 3.6.2016 passed by the District Magistrate, Imphal West, respondent No.2, whereby and whereunder the respondent No.2, in exercise of power conferred under sub section 3 of Section 3 of the National Security Act, 1980 passed order of detention in a case bearing No.Cril./NSA/No.4 of 2016 against detenu namely Mrs. Tingngaineng Vaiphei after being satisfied that in order to prevent the detenu from acting in any manner prejudicial to the security of the State and maintenance of public order, it has become necessary to do so. 4. The grounds on which the order of detention was passed are that detenu joined the armed insurgent group, Kuki National Front-Democrats (KNF-D)/Tribal Revolutionary Army (TRA) as a Member in the month of January, 2016. The aim and object of KNF is to bring all the Kukis under one administrative Unit called “Zelengam” (land of freedom). In case of such integration not taking place, aim is also for creation of 2(two) Kuki States - one within Myanmar and another in India within the area inhabited by Kukis. To achieve the said objective, the members of said organization started procuring arms and ammunitions through foreign countries and recruited youngsters from Kuki community. In order to achieve such objective, the members of the organization went on committing series of heinous crimes such as murder, dacoity, robbery, extortion, kidnapping for ransom in different parts of Manipur. 5. After joining the organization, the detenu came in contact with other members of the organization through her husband, Douthanglen Kipgen, who utilsied the services of the detenu for transporting arms and ammunitions from one place to other. That apart, the detenu along with others under the direction of her husband, Douthanglen Kipgen extorted money from various Government employees, contractors etc. residing within the area of Churachandpur. That apart, the detenu along with others under the direction of her husband, Douthanglen Kipgen extorted money from various Government employees, contractors etc. residing within the area of Churachandpur. On 26.4.16 the detenu along with other associates under the direction of her husband kidnapped one Thangsianbiak @ Biabiak, PRO to one of the MLAs and demanded Rs.70 lakhs as ransom by sending ‘SMS’ to his wife. For that occurrence a case was registered as Imphal PS case No.107(5)16 u/s 364-A of the IPC. At the same time, the detenu along with others, under the command of her husband, kidnapped one Khumanthem Tondonba Singh, Driver of an Excavator ( JCB) from Tauvom Village, Churachandpur on 3.5.2016 and put forth the demand of 70 lakhs as ransom from the Special contractor Lala Vaiphei. For that occurrence another case was registered as Churachandpur PS case No.24(5)6 uk/s 400/365/34 IPC and also u/s 25(1-C) of the arms Act. After negotiation, the detenu and her associates collected Rs.8 lakhs for release of Tondonba Singh (Driver). Out of the said amount of 8 lakhs, Rs.4,50,000/- was kept concealed by one Letkhogin Vaiphei and rest of the amount of Rs.3,50,000/- was handed over to Douthanglen Kipgen (husband of the detenu). On 13..2016 detenu was asked to collect the money from Letkhogin Vaiphei to give it to Ms Lunliansiam Vaiphei. Accordingly, the detenu brought the money to Imphal. On 13.5.2016 at 7:30 PM the Imphal West Police apprehended the detenu while she was staying in a rented house and recovered airtel sim, mobile handset as well as Rs.4,47,000/- The detenu was handed over to OC Imphal PS with a report, on the basis of which Imphal PS Case 107(5)16 was registered u/s 364 A of the IPC. Petitioner was arrested and was remanded to police custody and then to judicial custody. 5.1 While the detenu was in custody, order of detention was passed on 3.6.2016 which order was approved on 14.6.2016 and was confirmed on 13.7.2016. The said order of detention, its approval and confirmation have been challenged on several grounds. 5.2 However, Mr. Sanajaoba, learned counsel for the petitioner did confine his argument with respect to only one ground which is with regard to material being absent for recording satisfaction by the detaining authority that there is possibility of detenu being released on bail. The said order of detention, its approval and confirmation have been challenged on several grounds. 5.2 However, Mr. Sanajaoba, learned counsel for the petitioner did confine his argument with respect to only one ground which is with regard to material being absent for recording satisfaction by the detaining authority that there is possibility of detenu being released on bail. In this regard, learned counsel submits that since the deenu had moved a bail application before the Court of CJM, the detaining authority did draw his satisfaction that detenu is likely to be released on bail, though by filing bail application one cannot be sure that he would be released on bail or not. Under the circumstances it can easily be said that satisfaction of the detaining authority was not based on any material, rather it was imaginary and therefore the order of detention being untenable is fit to be quashed. 6. As against this Mr. Y. Ashang, learned GA submitted that from the order of detention it would appear that the detaining authority, having taken notice of the fact recorded in the ground of detention, did satisfy himself that detenu after being released on bail, would indulge in the same activities which are prejudicial to the maintenance of public order and only after recording such satisfaction the order of detention has been passed which never warrants to be interfered with by this Court. 7. It goes without saying that in a case of preventive detention no offence is proved and justification of such detention is suspicion or reasonable probability. There is no conviction which can only be warranted by legal evidence; whereas Article 21 of the Constitution of India declares that no person shall be deprived of life and liberty except in accordance with the procedure established by a law. In such situation a machinery was definitely needed to examine the question of lawful detention with utmost promptitude. The applicant must show a prima facie case of his unlawful detention. Once, however, he shows such a cause and the return is not good and sufficient, he is entitled to be released by the High Court and Supreme Court upon issuance of writ of habeas corpus. 8. It be stated that the Detaining Authority passes the order of detention on subjective satisfaction. Once, however, he shows such a cause and the return is not good and sufficient, he is entitled to be released by the High Court and Supreme Court upon issuance of writ of habeas corpus. 8. It be stated that the Detaining Authority passes the order of detention on subjective satisfaction. Since clause (3) of Article 22 specifically excludes the applicability of clause (1) & clause (2), the detenu is not entitled to a lawyer and the right to be produced before a Magistrate within 24 hours of arrest. To prevent misuse of this deterrent law, the law of preventive detention is to be strictly construed and meticulous compliance with the procedural safeguards, however technical, is mandatory and vital. These procedural safeguards are required to be zealously watched and enforced by the Court and their rigour cannot be allowed to be diluted on the basis of the nature of the alleged activities of the detenu. In this regard, we may refer to a decision rendered in a case of Rattan Singh Vs. State of Punjab reported in (1981) 4 SCC 481 : 1981 SCC(Cri) 853, wherein Their Lordships has observed: “4... ... May be that the detenu is a smuggler whose tribe (and how their numbers increase!) deserves no sympathy since its activities have paralysed the Indian economy. But the laws of preventive detention afford only a modicum of safeguards to persons detained under them, and if freedom and liberty are to have any meaning in our democratic set up, it is essential that at least those safeguards are not denied to the detenu.” In this context, we may refer to another decision rendered in the case of Abdul Latif Abdul Wahab Sheikh Vs. B.K. Jha, reported in (1987) 2 SCC 22 : 1987 SCC(Cri) 244 wherein it has been held:- “5.. . . The procedural requirements are the only safeguards available to a detenu since the court is not expected to go behind the subjective satisfaction of the detaining authority. The procedural requirements are, therefore, to be strictly complied with if any value is to be attached to the liberty of the subject and the constitutional rights guaranteed to him in that regard.” 9. Keeping in view of the said principle, the Hon’ble Supreme Court subsequently in the case of Union of India Vs. The procedural requirements are, therefore, to be strictly complied with if any value is to be attached to the liberty of the subject and the constitutional rights guaranteed to him in that regard.” 9. Keeping in view of the said principle, the Hon’ble Supreme Court subsequently in the case of Union of India Vs. Paul Manickam, (2003) 8 SCC 342 : 2004 SCC(Cri) 239 recorded requirements to be made by the Detaining Authority passing order of detention when the detenu is in custody, which reads as follows:- “14... ..Where detention orders are passed in relation to persons who are already in jail under some other laws, the detaining authorities should apply their mind and show their awareness in this regard in the grounds of detention, the chances of release of such persons on bail. The necessity of keeping such persons in detention under the preventive detention laws has to be clearly indicated. Subsisting custody of the detenu by itself does not invalidate an order of his preventive detention, and the decision in this regard must depend on the facts of the particular case. Preventive detention being necessary to prevent the detenu from acting in any manner prejudicial to the security of the State or to the maintenance of public order or economic stability, etc. Ordinarily, it is not needed when the detenu is already in custody. The detaining authority must show its awareness to the fact of subsisting custody of the detenu and take that factor into account while making the order. If the detaining authority is reasonably satisfied with cogent materials that there is likelihood of his release and in view of his antecedent activities which are proximate in point of time, he must be detained in order to prevent him from indulging in such prejudicial activities, the detention order can be validly made. Where the detention order in respect of a person already in custody does not indicate that the detenu was likely to be released on bail, the order would be vitiated... The point was gone into detail in Kamarunnissa Vs. Union of India, (1991) 1 SCC 128 : 1991 SCC(Cri) 88. Where the detention order in respect of a person already in custody does not indicate that the detenu was likely to be released on bail, the order would be vitiated... The point was gone into detail in Kamarunnissa Vs. Union of India, (1991) 1 SCC 128 : 1991 SCC(Cri) 88. The principles were set out as follows: even in the case of a person in custody, a detention order can be validly passed: (1) if the authority passing the order is aware of the fact that he is actually in custody; (2) if he has a reason to believe on the basis of reliable material placed before him (a) that there is a real possibility of his release on bail, and (b) that on being released, he would in all probability indulge in prejudicial activities; and (3) if it is felt essential to detain him to prevent him from so doing. If an order is passed after recording satisfaction in that regard, the order would be valid. In the case at hand the order of detention and grounds of detention show an awareness of custody and/or a possibility of release on bail.” 10. In that event at the cost of repetition, we may record that Detaining Authority while passing order of detention in a case of detenu being in custody, needs to observe following safeguards meticulously:- (i) If the authority passing the order is aware of the fact that he is actually in custody; (ii) If there is reason to believe on the basis of available materials placed before him- (a) that there is every possibility of being released; and (b) that on being so released he would be in all probability to indulge in prejudicial activities; (iii) If it is felt essential to detain him to prevent him from doing so. 11. Thus, in the context of the law laid down by the Hon’ble Supreme Court, we have to examine as to whether aforesaid safeguards have been observed meticulously by the Detaining Authority who has passed the order of detention when the detenu was in custody. 12. As we have said earlier that the detention order was passed after taking into account that accused was in custody. 12. As we have said earlier that the detention order was passed after taking into account that accused was in custody. There has been no denial of the proposition of law that the order of detention can be passed in respect of a person who is already in custody in respect of a criminal case. However, in view of the decision rendered in a case of Huidrom Konungjao Vs. State of Manipur & Ors., (2012) 7 SCC 181 , it was held that if such detention order is challenged, detaining authority ought to satisfy the court following facts:- (i) the authority was fully aware of the fact that detenu was actually in custody; (ii) there was reliable materials before the said authority on the basis of which it could have reasons to believe that there is reliable possibility of release on bail and further on being released, he would probably indulge in activities which are prejudicial to the public order. Further, it has been observed that in cases where this fact does not exist, the detention order would stand vitiated. 13. In the light of the decision referred to above, if we examine the legality of the detention order, we would find that the detaining authority has recorded its satisfaction that all possibility are there of the detenu being released on bail but for recording such satisfaction no material is there, rather it is the figment of imagination of the detaining authority that since bail application has been moved, the detenu is likely to be released on bail. As such it can easily be said that such satisfaction recorded by the detaining authority is not based on any material, rather it is imaginary and thereby order of detention, its approval are not sustainable in the eye of law. 14. Thus, we do find that the subjective satisfaction of the detaining authority of likelihood of accused being released on bail is not based on any factual aspect and thereby order of detention being bad, is hereby quashed. Consequently, the detenu, Tingngaineng Vaiphei, w/o (L) Thanglalian Vaiphei @ Lelen @ Aby of Salam Patong Village, Sadar Hills East, PS Yairipok, is hereby directed to be released forthwith if not wanted in any other case. 15. Consequently, the detenu, Tingngaineng Vaiphei, w/o (L) Thanglalian Vaiphei @ Lelen @ Aby of Salam Patong Village, Sadar Hills East, PS Yairipok, is hereby directed to be released forthwith if not wanted in any other case. 15. Before parting with the case, it be recorded that earlier when we did find in other case that order of detention is being passed without having regard to the provisions of the Act and also several decisions passed by the Hon’ble Supreme Court indicating therein the manner in which the order of detention be passed, we, after discussing the issue in details in context of different decisions of the Supreme Court, passed order for communicating the said order to the District Magistrate and Superintendent to Police for their guidelines to be observed while passing the order of detention, we are constrained to say that it is being not adhered to by the detaining authority and therefore the matter needs to be brought to the notice of the Chief Secretary for needful. Accordingly, copy of this order be communicated to the Chief Secretary, Govt. of Manipur. Thus, this application stands allowed.