JUDGMENT & ORDER : Heard Mr. Khamchinpao, learned counsel appearing for the petitioner, Mr. Th. Vashum, learned GA appearing for the State respondents as well as Mr. S. Rupachandra, learned ASG for the Union of India. 2. This application has been filed for quashing the order dated 30.5.2016 passed by the District Magistrate, Bishnupur, respondent No.1, whereby and whereunder the respondent No1, in exercise of power conferred under sub section (3) of section 3 of the National Security Act, 1980, passed the order of detention in a case bearing No.Cril.5/NSA/DM-BPR/2016 against the detenu namely Vungzamuan Samte Zou 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. 3. The grounds on which order of detention was passed are that the detenu in the year 2014 came in contact with one Lianpao Inpi Zou @ Papao, an armed smuggler. Thereafter, the detenu along with others started smuggling of arms and ammunitions arranged by said Papao whereby the detenu sold out number of arms and ammunitions to different persons residing at Kwakta and Churachandpur area. In the month of October, 2015 the detenu sold one MA-3 MK-2 Rifle along with its magazines to some persons for Rs.2,40,000/-. Subsequently, said Papao arranged two Rifles for selling them which were kept concealed under the custody of two persons for its sale to someone. 4. On 19.2.2016 the detenu along with others, while were carrying it in a rice bag by an Auto Rickshaw being driven by detenu, the detenu and his associates were apprehended by police team of Bishnupur and the said Rifles with its magazines were recovered. The Bishnupur Police handed over the custody of the persons arrested and also the articles seized to Moirang Police on the basis of which Moirang Police Station Case No.18(2)16 was registered u/s 400/34 of IPC and also under section 25 (1-C) of the Arms Act. In connection with that case, the detenu and others were arrested and were remanded to jail custody. While the detenu was in custody, an order of detention was passed on 30.5.2016 by the respondent No.1 after recording that the detenu is acting in a manner prejudicial to the maintenance of public order. The said order of detention was approved on 19.5.2016. 5. While the detenu was in custody, an order of detention was passed on 30.5.2016 by the respondent No.1 after recording that the detenu is acting in a manner prejudicial to the maintenance of public order. The said order of detention was approved on 19.5.2016. 5. The said order of detention and its approval have been challenged on several grounds. However, the learned counsel appearing for the petitioner did confine his argument with respect to only one ground with regard to materials being absent for recording the satisfaction by the detaining authority that there is every possibility of detenu being released on bail and therefore any order of detention based on such satisfaction without having any basis would suffer from illegality. 6. As against it Mr.Vashum, learned counsel appearing for the State submitted that from the order of detention it would appear that the detaining authority after having taken notice of the fact that the detenu, an accused in the case has filed an application, as recorded in the grounds of detention, recorded its satisfaction that the detenu having availed bail facility, would continue to 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. 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 deterent 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 v. 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 v. 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 v. 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 were 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, if we examine the legality of detention order, we would find that the detaining authority, though has recorded that there is likelihood of detenu being released on bail, but what are the materials on which such satisfaction was recorded, it is neither there in the order of detention nor in the grounds of detention nor in any other documents. Therefore, the impugned order of detention can be said to have been passed on mere ipse dixit statement which is not sustainable in the eye of law. 14. Thus, we do find that subjective satisfaction of the detaining authority 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 namely, Vungzamuan Samte Zou s/o (L) S.Khupzathng Zou of V. Munhoih, New Lamka, PS Churachandpur is directed to be released forthwith if not otherwise wanted in connection with any other case. This writ petition stands allowed.