2019 Supreme(Manipur) 45
IN THE HIGH COURT OF MANIPUR AT IMPHAL
M.V. Muralidaran, J.
Md. Masle - Appellants
Vs.
The State of Manipur and Ors. - Respondent
Bail Application No. 12 of 2019
Decided On : 18-09-2019
For the Appellant :Th. Jugindro, Advocate
For the Respondents: Y. Ashang, PP
Headnote:
Narcotic Drugs and Psychotropic Substances Act - Section 21 (c)/25/27A/29 r/w 68 – Anticipatory Bail - Retirement from Service - Pension - Petitioner was arrested on by police personnel of NAB lead by - Thereafter petitioner was taken to NAB Police Station located at Imphal and put him in a Police Lockup for alleging involvement of trafficking - Petitioner was produced before Special Judge ND & PS and remanded custody till and on same day Special Judge (ND & PS) remanded him in judicial custody till and since then Petitioner is in judicial custody till today at Central Jail – Held, In connection with criminal case on appreciating materials indicated grounds raised by counsel for petitioner/accused cannot be negative since there is no prima facie material or any reliable evidence available as alleged by respondent - Medical records and health status report of petitioner/accused reveals that he is a type diabetes and having treatment for various ailments - Further in this case accused No - 1 to 3 were already released on bail - Since trial is on progress there is no question of hamper or tamper with any prosecution evidence and respondent never objected regarding this - No contraband articles or any materials were seized from petitioner/accused - Further no incriminating materials were recovered from house search of petitioner/accused - Petition is allowed
JUDGMENT :
M.V. Muralidaran, J.
Brief Case of the Petitioner:
1. The petitioner is a retired government employee, drawing a monthly pension of Rs. 6665/- and also working as an Executive Member of Orphan home and president of Haji Halimmuhalla committee.
2. The petitioner was arrested on 30.05.2018 at about 12.05 PM by police personnel of NAB lead by the Dy. S.P. Th. Brinda. Thereafter, the petitioner was taken to NAB Police Station located at Imphal and put him in a Police Lockup for alleging the involvement of trafficking drugs under the Narcotic Drugs and Psychotropic Substances Act in connection with a FIR case No. 37(5) 2018 NAB PS under section 21 (c)/25/27A/29 r/w 68 Y NDPS.
3. That, on the next day i.e. 31.5.2018 the petitioner was produced before the Special Judge, ND & PS Manipur and remanded the custody till 11.6.2018 and on the same day the Special Judge (ND & PS) remanded him in the judicial custody till 25.6.2018 and since then the Petitioner is in judicial custody till today at Central Jail, Sajiwa, Imphal.
4. That the charge sheet in connection with the said FIR Case No. 37 (5) 2018-NAB-PS under section 21(c)/22(c)/25/27A/29 r/w 68 Y NDPS has been filed by the concerned authority and Ld. Special Judge (ND & PS) registered a Special Trial Case No. 14 of 2019 and the present stage of the case is for charge hearing and the petitioner is the accused No. 4 in the said Special Trial Case No. 14 of 2019.
5. That, the petitioner filed a bail application before the Learned Special Judge (ND & PS) praying for releasing him on bail in various grounds. However, the Ld. Special Judge rejected the bail application of the petitioner on 20th April 2019.
6. As such, being aggrieved, the petitioner filed this present bail application before this Court for releasing the petitioner on bail in connection with the Special Trial Case No. 14 of 2019 pending on the file of the Learned Special Judge, NDPS.
OBJECTIONS RAISED BY THE RESPONDENT:
7. On 10.05.2018 at about 09.10 am the complainant of the present case namely Shri M. Suraj Singh, S.I of NAB Police Station lodged a report to the O.C. concerned stating inter alia that on 04.05.2018, the three accused persons namely (i). Mrs. Chalmawii Duhlian (53) W/o Hashim of Dalpati Road near Madras Mandir, Moreh Ward No. 2 (ii) Mrs. Lalrozami Duhlian (27), W/o Sougaijam Robindro of Moreh Super Market Ward No. 2 and (iii) Mr. Sougaijam Robindro Singh (28) S/o. S. Ibitombi Singh of Kakching Wairi Thongam Leikai, Kakching District but residing with his wife Mrs. Lalrozami at Moreh were arrested in connection with FIR No. 30(04)2018 NAB P.S. u/s. 22(c)/62/60(3)/29/25/21(B) ND & PS Act.
8. The accused person disclosed and revealed that they are doing illicit cross border drugs trafficking business from Myanmar to India. It is also disclosed that the said Mrs. Chalmawii Duhlian used to supply drugs to the customers through her daughter and son-in-law i.e. Lalrozami and S. Robindro Singh respectively.
9. Their drugs trafficking business is operating by means of depositing the required amounts to bank accounts being UBI A/c No. 0791010161817 Moreh Branch opened in the name of Mrs. Chalmawii Duhlian, UBI A/c No. 0791010164351 and UBI A/c No. 0791050013891 both Moreh Branch opened in the name of Mrs. Lalrozami Duhlian.
10. The statements of the said three bank accounts were seized from the UBI, Moreh Branch. As per these statements A/c No. 0791010161817 is found to have been deposited a sum of Rs. 85,22,412.75/- (Rupees Eighty five lakhs twenty two thousand four hundred twelve and seventy five paise) on different date and from different sources and a total of Rs. 81,85,755.12/- (Rupees eighty one Lakhs eighty five thousand seven hundred fifty five and twenty five paise) is found to have been withdrawn within a period from 29.03.2012 to 04.05.2018. Now Rs. 3,36,657.50/- (three lakhs thirty six thousand six hundred fifty seven and fifty) only is remained as balance amount.
11. As per the statement of A/c No. 07910101