IMPORTANT POINT
The court emphasized that bail under the NDPS Act requires reasonable grounds for believing the accused is not guilty and unlikely to commit further offenses while on bail.

JUDGMENT :

The present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [‘the BNSS, 2023’, for short] is preferred by the accused-petitioner viz. Sri Jitender Sah seeking his release on bail in connection with Special Case no. 37 of 2024, arising out of South Police Station Kohima Case no. 34/2024. The crime case, South Police Station Kohima Case no. 34/2024 has been registered for the offences under Sections 22/27A/29[1] of the Narcotic Drugs and Psychotropic Substances Act, 1985 [‘the NDPS Act’, for short] read with Section 3[5] of the Bharatiya Nyaya Sanhita, 2023 [‘the BNS 2023’, for short].

2. On 22.07.2024, on the basis of Suo Moto First Information Report [FIR] lodged by one Ketoulikho Ngukha, ABSI before the Officer In-Charge, South Police Station Kohima, the crime case, South Police Station Kohima Case no. 30/2024 came to be registered for the offences under Section 27[a][b]/21[a] of the NDPS Act r/w Section 35 of the BNS, 2023. In the said FIR, it was alleged that on 22.07.2024, a combined team of Police personnel of South Police Station Kohima apprehended 3 [three] persons from New Police Reserve, Phesama along with suspected heroin powder. From the possession of the 3 [three] apprehended accused persons viz. [i] Manjoi Salim; [ii] Longtilong Longkumer; and [iii] Imlimanen Aier, suspected heroin powder weighing [0.76 grams + 0.25 grams + 0.55 grams + 0.77 grams = 2.33 grams] were recovered. In connection with the said South Police Station Kohima Case no. 30/2024, the present accused-petitioner and one Jhunu Kumar were also arrested.

3. When the present accused-petitioner and Jhunu Kumar were in custody in connection with South Police Station Kohima Case no. 30/2024, the present accused-petitioner and Jhunu Kumar were shown arrested in connection with another case, South Police Station Kohima Case no. 34/2024 registered on 03.08.2024, based on an FIR lodged by one Sri Sobu Rengma, an Assistant Sub-Inspector of Police attached to South Police Station Kohima and the Investigating Officer [I.O.] of the case, South Police Station Kohima Case no. 30/2024.

4. In the FIR lodged by Sri Sobu Rengma, ASI, it is inter-alia stated that while he was investigating South Police Station Kohima Case no. 30/2024, necessary leads from reliable sources were received with regard to involvement of the present accused-petitioner as the main trafficker and supplier of the contraband. Based on such source, necessary investigation was taken up and the mobile number of suspect, that is, the present accused-petitioner was identified. Legal interception of the mobile conversations of the present accused-petitioner was found necessitated and accordingly, those were obtained. The informant further stated that investigation had established that the present accused-petitioner was directly involved in trafficking of contraband from Manipur to various States of India. The interception revealed that the present accused-petitioner was transporting 100 packets of contraband [Heroin] to Dimapur from an unknown person on 30.07.2024. The informant further mentioned that following the leads, the present accused-petitioner and his accomplice, Jhunu Kumar were located and thereafter, arrested. Police remand was sought for and during their examination, both the present accused-petitioner and his alleged accomplice, Jhunu Kumar revealed certain facts which were not directly involved in the case, South Police Station Kohima Case no. 30/2024, which was being investigated by him.

4.1. The informant in the FIR further alleged that the present accused-petitioner along with his partners, [i] Sri Anil; [ii] Sri Prashant Jaiswal; and [iii] Sri Mani Kumar collected contraband [Heroin - Sunflower] from one lady viz. Ms. Koveni of Kohima and transported them to Dimapur and other parts of the country. The informant stated that the present accused-petitioner stated before him that he along with his partner, Sri Anil purchased 40 soap cases containing