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2016 Supreme(Manipur) 89
IN THE HIGH COURT OF MANIPUR AT IMPHAL
R.R. PRASAD, J.
Shri P.C. Thangjapao Mizo, S/o P.C. Seama Mizo - Appellant
Versus
Smt. N. Bhattacharjee, Inspector Customs Preventive Force - Respondent
Cril (Jail) Appeal No. 1 of 2012
Decided On : 24-6-2016
For the Petitioner:Mr. M.I. Sharma, Advocate.
For the Respondents:Mr. N. Brojendro, Advocate.
The main legal point established in the judgment is the requirement for compliance with the provisions of Sections 41, 42, and 50 of the ND & PLS Act in conducting search, seizure, and arrest under the Act.
Headnote:
ND & PLS Act - Conviction under section 20(c) - Sections 41, 42, and 50 of the ND & PLS Act,1985 - The court found the appellant guilty of the charge convicted him for the offence punishable u/s 20(c) of the ND & PLS Act,1985 and sentenced him to undergo Rigorous imprisonment for a term of 10 years and to pay a fine of Rs. 1 lakh, with a default clause to further undergo R.I. for 2 months on account of non-payment of fine amount.
Fact of the Case:
The prosecution alleged that the appellant was carrying 'Methamphetamine tablets' and was found in possession of 600 tablets of 'Methamphetamine' which led to his conviction under section 20(c) of the ND & PLS Act,1985.
Finding of the Court:
The court found the appellant guilty of the charge and convicted him for the offence punishable u/s 20(c) of the ND & PLS Act,1985.
Issues: The issues revolved around the compliance of the provisions of Sections 41, 42, and 50 of the ND & PLS Act, and the legality of the search, seizure, and arrest conducted by the authorities.
Ratio Decidendi: The court held that the search, seizure, and arrest were conducted in accordance with the provisions of Sections 41, 42, and 50 of the ND & PLS Act, and there was substantial compliance with the legal requirements.
Final Decision: The appeal was dismissed, and the judgment and order of conviction and sentence passed by the trial court were affirmed.
This appeal is directed against the judgment and order dated 21.12.2011 passed by the Special Court (ND & PS) Manipur in Special Trial (C) Case No.49 of 2008 whereby and whereunder the Special Court having found the appellant guilty of the charge convicted him for the offence punishable u/s 20(c) of the ND & PLS Act,1985 and sentenced him to undergo Rigorous imprisonment for a term of 10 years and to pay a fine of Rs. 1 lakh, with a default clause to further undergo R.I. for 2 months on account of non payment of fine amount.
2. The case of the prosecution is that on 9.2.2008 one Smt. N. (PW5) posted as Inspector of CPF Pallel, received an information at about 7:30 AM from an informer to the effect that someone would be carrying ‘Methamphetamine tablet’ numbering about 500-1000 from Moreh to Pallel Bazar. Such information was reduced in writing (Ext.P/6) by PW 5 and sent it under covering letter (Ext. p/5) to James Guite (PW 3) Superintendent, Customs Division Imphal. On receiving such information, the Superintendent, James Guite immediately informed him (PW 5) to form a team consisting of him (PW 5) Inspector M.A. Saha (PW 2) Sepoy R.K. Suresh Singh (PW 4), Hav. Y. Ibochouba Singh, (not examined), Sepoy Th. Dhaneshwor Singh (PW 6). Accordingly, it was constituted. They all proceeded towards Pallel Customs Check Post. At about 9 AM one Maruti Van bearing Regn. No. MN 01-K/3946 was seen coming from Moreh to Pallel bazaar. When it came nearer to them, they got the vehicle stopped at the Check Post and found 5 persons boarding on it. PW 5 introduced themselves to be the customs personnel of Pallel and asked occupants of the Maruti Van to allow them to search their bodies and belonging in presence of witnesses. Thereupon, two witnesses namely Millan Haokip (not examined) and H. Arun Singh (PW 7) were called. Thereafter, PW 5 asked the accused to give his option statement (P.12) as to whether he is willing to be searched in presence of the Magistrate or Gazetted Officer to which the accused gave his option to check his body in presence of them as well as witnesses. Upon search being made of the body of the accused nothing was found in his possession. However, PW 5 and also the other members of the raiding party still had suspicion left with them that the accused must have been carrying some contraband articles and therefore the accused was brought before Superintendent, James Guite (PW 3) where witnesses and other members of the raiding party also came. During search of the body of the accused, one polythene packet was recovered which had been hidden by the accused under his undergarment. On opening of it, it was found that the said Polythene packet is containing 4 small polythene pouches containing 600 tablets of ‘Methamphetamine’ which was seized under inventory of goods (Ext.P/1). Upon weighing, weight of 600 table was found to be 200 gm. Accordingly, weighment chart Ext. P/11 was prepared in front of the members of raiding party and the witnesses and out of it two samples each of 5 tablet were prepared and were marked as S1, P1 (original) S1, P1 (duplicate) respectively. Rest of the tablets were packed separately. Each of the packets was sealed. Thereafter, the statement of the accused was recorded by R.K. Suresh Singh, PW 4 in presence of the witnesses and also in presence of PWs- 3 and 5 wherein the accused admitted possessing the tablets. After the formalities were completed the Superintendent, James Guite (PW3) submitted detailed seizure report (Ext.p/9) to the Asstt. Commissioner, Customs Division Imphal. Thereupon, PW-3 forwarded samples to the Dy. Director, Forensic Science, Guwahati. Upon examination, the report (Ext.P/10) was submitted opining therein that samples sent are ‘Methamphetamine’ tablets.
3. Upon completion of the investigation, PW 5 submitted complaint before the Court upon which cognizance of the offence was taken. When the trial was taken up, the prosecution in order to prove its case, exam
