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2021 Supreme(Manipur) 11

SANJAY KUMAR
Lunkhomang Haokip – Appellant
Versus
Union of India, represented by Intelligence Officer – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr. Serto T. Kom, Advocate
For the Respondent: Mr. W. Darakeshwar, Sr.PCCG

JUDGMENT :

1. Heard Mr. Serto T. Kom, learned counsel for the applicant, and Mr. W. Darakeshwar, learned Sr. PCCG, for the respondent-Union of India.

2. The applicant is the accused in Special Trial No.54 of 2019 before the Special Court (ND & PS), Manipur [Ref: NCB Crime (FIR) No.03/04/NCB/Imp/ATS/ CL-2019 dated 30.01.2019, registered under Sections 8(c), 22(c), 25, 28, 29, 30, 35 and 60 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for brevity, ‘the NDPS Act’). By way of this application filed under Section 439 Cr.P.C. read with Section 37 of the NDPS Act, he seeks to be enlarged on regular bail.

3. The applicant claims to be a school van driver, by profession, in Churachandpur Town, Manipur. According to him, as January, 2019, was an off-season for schools in Churachandpur Town, he offered his services to drive vehicles on daily hire basis to earn his livelihood. In that process, on 28.01.2019, Thangminlen Haokip, his cousin, asked him to drive one Mrs. Nengneichong Lhungdim @ Chochong of Khomoi, Churachandpur, to Moreh and back in her car on the next day. The applicant claims that he accepted this offer on payment of Rs.500/- as driving charges along with free food. H

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