IMPORTANT POINT
The court ruled that bail under the NDPS Act requires reasonable grounds for believing the accused is not guilty, which were not established in this case.

ORDER :

Manish Choudhury, J.

Heard Ms. Krovi Tsukru, learned counsel for the petitioner and Ms. Livika, learned Public Prosecutor, Nagaland for the respondent.

2. The present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita [BNSS] Act, 2023 is preferred by the petitioner seeking bail in respect of the accused viz. J. Kayikho Solomon in connection with Special Case no. 40 of 2024 arising out of Narcotic Police Station Case no. 14 of 2024 registered for the offences under Section 24[c], Section 29 and Section 60 of the Narcotic Drugs and Psychotropic Substances [NDPS] Act, 1985.

3. At the inception, it is appropriate to narrate the events, in brief, leading to the registration of Narcotic Police Station Case no. 14 of 2024.

3.1. On 16.08.2024, one UBSI named Zasilie Angami of the Narcotic Cell Police Station, Police Head Quarter, Nagaland, Kohima was detailed for MVCP duty along with other staff. During the period of MVCP duty in between Khuzama and Viswma, near Agri-link road, Khuzama village, a vehicle bearing Registration no. NL-01/H-1658 [Ford Figo Exi Duratec/Diamond] [‘the subject-vehicle’, for short] was intercepted at around 11-00/11-20 hours while the subject-vehicle was proceeding towards Kohima from Manipur side. On intercepting the subject-vehicle, suspicious materials, suspected to be contraband, were detected inside the subject-vehicle. Information was immediately given to superior officers. Independent witnesses from the District Administration and Gazetted Police Officer were also called to the scene to conduct search and seizure. The subject-vehicle was checked in presence of witnesses. During the search of the subject-vehicle, contraband substance, suspected to be Heroin, packed in 40 soap boxes were found concealed inside one green coloured backpack which was kept in the rear seat of the subject-vehicle. Accordingly, the suspected contraband were duly seized in presence of independent witnesses and the Gazetted Officer. The packets suspected contraband [Heroin] were weighed separately, with and without the soap box cover, and the total weight of the seized contraband [Heroin] was found to be approximately 489 grams without the soap box covers and the entire proceeding was videographed. The packets of the contraband [Heroin] were then serially marked, packed, sealed and seized and the same were attested by the independent witnesses, Gazetted Officer and the accused persons.

3.2. The seized contraband along with the subject-vehicle with ignition key and vehicle documents were listed in a seizure memo and thereafter, were seized from the possession of the accused persons. The seizure procedure stated to have started at 11-45 hours and ended at 16-30 hours. The subject-vehicle was found to have three occupants – [i] Manizuo; [ii] Kayikho Solomon [arrested accused person present here]; and [iii] Manio.

4. Ms. Tsukru, learned counsel appearing for the accused person, Kayikho Solomon has submitted that the accused is the eldest of the siblings being the eldest son in the family. It has been submitted that the mother of the accused, Kayikho Solomon is a patient of cervix cancer and is undergoing medical treatment. Due to absence of her son, Kayikho Solomon, proper medical attention could not be given to her as her eldest son, Kayikho Solomon is the only person who is in a position to assist his mother in availing proper treatment from hospital having better and advanced facilities. With such projection, Ms. Tsukru has submitted that the accused, Kayikho Solomon may be allowed to go on bail, subject to imposition of terms and conditions found appropriate by this Court. On being so released on bail, the accused, Kayikho Solomon would assist and cooperate in the further investigation of the case.

5. Ms. Livika, learned Public Prosecutor appearing for the State has vehemently objected to the prayer for release of the accused, Kayikho Solomon on the ground that his mother is suffering from serious ailment. M