Narcotics Control Bureau (Ncb) vs Manglunlal Mangte
2022 Latest Caselaw 256 Mani

JOHN    Digitally signed
        by JOHN TELEN
TELEN   KOM
        Date: 2022.06.08
KOM     16:23:36 +05'30'                                                            Item - 22


                                  IN THE HIGH COURT OF MANIPUR
                                            AT IMPHAL

                                       MC(Crl.A.) No.6 of 2022


        Narcotics Control Bureau (NCB)
                                                                           .... Applicant/s
                                               - Versus -

        Manglunlal Mangte
                                                                         .... Respondent/s

BEFORE HON'BLE MR. JUSTICE MV MURALIDARAN

07.06.2022

Heard Mr. W. Darakishwor, learned Sr.PCCG for the

applicant/appellant and perused the records.

[2] Mr. W. Darakishwor, learned Sr.PCCG for the applicant/appellant

has represented that the present Misc.Case in MC(Crl.A.) No.6 of 2022 has

been filed seeking to special leave to appeal under Section 378 (4) of Cr.P.C.,

1973 against the impugned judgment and order of acquittal dated 22.10.2021

in Special Trial Case No.17 of 2019 passed by the Ld. Special Judge

(ND&PS) Manipur at Lamphelpat.

[3] It is the case of the applicant/appellant that though the

applicant/appellant has produced the evidences and materials available on

record which was clearly demonstrate that the Respondent/accused was

involved in this offence which was registered in NCB Crime No.07/04/NCB/IMP/Heroin/CL/2018 U/s 8(c), 17(c), 21(c) & 35 ND&PS Act,

1985. Inspite of that, the Ld. Special Judge (ND&PS) Manipur by judgment

and order dated 22.10.2021 had acquitted the Respondent.

[4] Therefore, having sufficient grounds for filing of the appeal against

the said judgment, the applicant/appellant has filed the present appeal along

with this Misc.Case in MC(Crl.A.) No.6 of 2022 seeking to special leave to

appeal against the judgment and order dated 22.10.2021.

[5] By narrating the above reasons, Mr. W. Darakishwor, learned

Sr.PCCG for the applicant/appellant prayed this Court to grant special leave

to the appellant for filing the appeal against the order passed by the Ld.

Special Judge (ND&PS) Manipur in Special Trial Case No.17 of 2019 dated

22.10.2021 otherwise, the prosecution will be put into irreparable loss.

[6] Considering the case of the applicant/appellant since the petition

filed under Section 378 (4) Cr.P.C. seeking to special leave to appeal against

the acquittal order dated 22.10.2021 without issuing any notice to the

Respondent on the ground that the nature of offence is serious in nature and

the Ld. Special Judge (ND&PS) Manipur, Lamphelpat was acquitted the

Respondent, I am inclined to allow this Misc.Application in MC(Crl.A.) No.6 of

2022 by granting special leave to the applicant/appellant to file the appeal

against the acquittal dated 22.10.2021.

[9] Accordingly, this Misc.Application in MC(Crl.A.) No.6 of 2022 is

allowed.

[10] Registry is directed to number the appeal and post the same for

admission.

JUDGE

- Larson