AHANTHEM BIMOL SINGH
Lalremkima – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. Heard Mr. H. Kenajit, learned counsel appearing for the applicant and Mr. Y. Ashang, learned PP appearing for the respondent.
2. The present application had been filed on behalf of the above-named accused person, Mr. Sougaijam Robindro Singh, by his brother in law with a prayer for suspending the operation of the impugned conviction order dated 27.11.2020 and sentence order dated 07.12.2020 and to release the above name convicted person on bail during the pendency of the connected appeal.
3. The learned Special Judge (ND&PS), Manipur passed the impugned judgment and order dated 27.11.2020 in Special Trial Case No. 13 of 2019, holding the above name accused person guilty and convicted him under section 29 read with section 21 (b)/ 22 (c) of the ND&PS Act, 1985 and passed the order dated 07.12.2020 sentencing him to undergo twelve years R.I. with a fine of Rs. 1,00,000/- (Rupees one lakh only).
4. In support of the prayer made in the present application, the learned counsel for the applicant raised the following two grounds:-
(a) the prosecution has totally failed to prove the alleged seizure of the contrabands from the possession or at the instance of the aforesaid convicted
Balbir Singh vs. State (1996) 11 SCC 139
Dadu Alias Tulsidas vs. State of Maharashtra reported in (2000) 8 SCC 437
Kalpnath Rai vs. State (Through CBI)
Khem Chand vs. State of Himachal Pradesh
Laxmibai (dead) Thr. L.Rs. and Anr. vs. Bhagwantbuva (dead) Thr. L.Rs. and Ors.
M. Prabhulal vs. Assistant Director, Directorate of Revenue Intelligence
Madhu alias Madhuranatha and Anr. vs. State of Karnataka reported in AIR 2014 SC 394
Naresh Kumar Alias Nitu vs. State of Himachal Pradesh reported in (2017) 15 SCC 684
Noor Aga vs. State of Punjab & Another reported in (2008) 16 SCC 417
Paras Ram vs. State of Haryana
Pradeep Narayan Madgaonkar and Ors. vs. State of Maharashtra
Rajinder Pershad (Dead) by L.Rs. vs. Darshana Devi (Smt)
Ravinderan vs. Superintendent of Customs
State of Punjab vs. Balbir Singh reported in (1994) 3 SCC 299
State of U.P. vs. Nahar Singh (dead) and Ors.
State of W.B. and Others vs. Babu Chakraborthy reported in (2004) 12 SCC 201
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