Manipur High Court
4:35:23 +05'30' vs The Officer In Charge on 15 April, 2024
IN THE HIGH COURT OF MANIPUR
LUCY AT IMPHAL
GURUMAYUM
Digitally signed by
LUCY GURUMAYUM
Date: 2024.04.15 BAIL APPLICATION NO. 31 OF 2023
14:35:23 +05'30'
Mr. Jangkholal Khongsai, aged about 34 years, S/o
Late Thangkhai Khongsai, resident of Kotlen Village,
P.O & P.S. New Keithelmanbi - Kangpokpi District,
Manipur.
.... Petitioner
- Versus -
The Officer In Charge, Hiyanglam Police Station,
Kakching District, Manipur-795103.
.... Respondent
BEFORE
HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU
For the petitioner : Mr. R.S. Reisang, Sr. Advocate
For the respondent : Mr. Y. Ashang, PP
Date of hearing : 05.04.2024
Date of order : 15.04.2024
Bail Application No. 31 of 2023 Page 1
J U D G EM E N T & O R D E R
(CAV)
[1] Heard Mr. R.S. Reisang, learned sr. counsel appearing for
the petitioner and Mr. Y. Ashang, learned PP appearing for the
respondent.
[2] The present Bail Application has been filed under section
439 of Cr.P.C, 1973 r/w Section 37 of the ND&PS Act, 1985 for
releasing the accused/petitioner on bail in connection with FIR No.
24 (10) 2023, HLM P.S. U/s 21(b) ND & PS Act with the following
prayers:
"3. After hearing the parties, pass an order for releasing
the accused person on bail in connection with FIR No. 24 (10)
2023, HLM P.S. U/s 21 (b) ND & PS Act for the ends of
justice."
[3] Brief fact of the case is that the accused/petitioner
belongs to kuki Community and he is one of the village volunteers
guarding his village due to the ongoing situation. On 18.10.2023,
when the accused/petitioner was on his way to his farm he was
abducted by some unknown persons from Longa Koireng, and was
badly beaten black and blue by the said unknown persons for which
he could not walk properly. Later on he was handed over to Meira
Paibi's/womenfolk at Wabagai Lamkhai Bazar by the unknown
person. It was pointed out that the unknown persons has taken
away his sling bag containing 1 Mobile Phone, 2 ATM Cards (Axis &
SBI) and other personal belongings. Thereafter, after receiving the
news the Kakching Police teams comprising of Kakching CDOs
rushed to Wabagi Lamkhai Bazar, and evacuated the
accused/petitioner from Meira Paibi's/womenfolk. Accordingly, the
accused/petitioner was formally arrested by the police personnel of
Pallel Police station at around 10:20 p.m. of 18.10.2023 and
Bail Application No. 31 of 2023 Page 2
registered an FIR being No. 24 (10) 2023, HLM P.S. U/s 21(b) ND &
PS Act against him.
[4] On 19.10.2023 the accused/petitioner was produced
before the Hon'ble Chief Judicial Magistrate, Thoubal in connection
with the FIR case and remanded to police custody for 7 days. Then,
the accused/petitioner approached the court for releasing him on bail
and the same was rejected by the Ld. Judge of the Special Court
(ND & PS), Thoubal vide order dated 25.10.2023 and further
remanded to judicial custody for another 15 days.
[5] According to the learned counsel for the petitioner, the
accused/petitioner is completely innocent on the basis of the
following grounds:
i. that, the seized heroin (24 grams) does not belong to
him, it was implanted by the unknown persons so as to be
arrested by the police.
ii. that, at the time of abduction by the unknown persons
they stole all his belongings including his mobile phone, 2 ATM
cards and other personal belongings. Later on they handed him
to the womenfolk framing him of carrying heroin (2 soap case)
weighing 24 gm., which was done deliberately by the unknown
miscreants to silent the accused/petitioner from claiming his
valuable items from them. It is worth mentioning herein that on
the day the accused/petitioner was abducted, the unknown
miscreants has forcefully extorted the security pin code of his
ATM cards and withdrawn Rs. 40,000/- (Rupees Forty thousand)
only, and has continued to do so in the presiding few days after
his arrest by the police.
iii. that, the miscreants nor the womenfolk are authorized to
search any person under the ND & PS Act, and as such the
Bail Application No. 31 of 2023 Page 3
arrest of the accused/petitioner was done in total contravention
to the provision of Section 42 of the ND & PS Act, 1985.
iv. that, the accused/petitioner has no previous criminal
records and has no such involvement in carrying, selling etc of
illegal drugs.
v. that, the accused/petitioner belongs to Kuki community
and as such the miscreants who belong to Meitei community has
some ill-founded intention to frame the accused/petitioner as a
drug dealer.
vi. that, the quantity of the heroin powder which was
allegedly recovered from the petitioner was 24 gm, i.e to say
that it is less than the commercial quantity and the statutory
restriction under section 37 of the ND & PS Act are not attracted.
vii. that, the accused/petitioner is a asthma patience and
needs medical attention from time to time.
[6] On perusal of objection in affidavit for the respondent, it
emerged that the quantity of the seized contraband as allegedly
recovered from the accused/petitioner is only 24 gm which is below
commercial quantity.
It also emerged that the accused/petitioner along with
seized contraband allegedly recovered from the petitioner handed
over to some womenfolk at Wabagai Lamkhai Bazar as such
mandatory weighing of the seized contraband was done at the spot
in the presence of the witnesses. But, the weighing procedure was
done at Pallel police station.
It is also fact that the accused/petitioner was arrested on
18.10.2023, since that day the accused/petitioner is in the judicial
custody till today. The statuary period for investigation is short of
Bail Application No. 31 of 2023 Page 4
only 7(seven) days when counted on the date of hearing and when
counted till the delivery of judgment i.e. 15.04.2024 it is more than
180 days.
[7] As per the ground taken by the petitioner, he is suffering
from Bronchial Asthma (document enclosed). In the facts and
circumstances, as narrated above this Court is of the opinion that the
accused/petitioner is liable to be released on bail.
[8] In the circumstance the accused/petitioner is released on
bail on his furnishing of PR bond of Rs. 1,00,000/- (Rupees one lakh)
with one surety of like amount of local Government Employee
(Gazetted Officer) to the satisfaction of the Trial Court. It is also
made clear that the petitioner should co-operate with the
investigation and he should make himself available for interrogation
by the I.O of the FIR case as and when required. The petitioner
should not leave the State of Manipur without prior permission of the
Arresting Authority.
[9] The accused/petitioner is directed to furnish the required bonds
before the learned Special Judge (ND&PS), Thoubal within 1(one)
week.
[10] Accordingly, the present bail application is disposed of.
[11] Send an extract copy of this order to the Court of learned
Special Judge (ND&PS), Thoubal.
JUDGE
FR/NFR
Lucy
Bail Application No. 31 of 2023 Page 5
