The right to default bail is indefeasible if the prosecution fails to file a chargesheet or extension application within the statutory period, and oral submissions during bail hearings suffice for claiming this right.

ORDER :

A. Guneshwar Sharma, J.

1. Heard Mr. Tungrei Ngakang, learned counsel for the petitioner and Mr. RK. Umakanta, learned PP for the State respondent.

2. The petitioner has filed Bail Application being BA No. 9 of 2023 under Section 439 CrPC in connection with FIR No. 02(01)2022 Chassad PS u/s 18(b) ND&PS Act and BA No.10 of 2023 in connection with FIR No. 02(02)2013 Chassad PS u/s 18/46 ND&PS Act. Earlier, one single Bail Application being BA No. 9 of 2023 was filed for both FIRs. Later on, BA No.10 of 2023 was also filed for FIR No. 02(02)2023 and BA No. 9 of 2023 was treated in connection with FIR No. 02(01)2022.

3. Brief fact of the case in FIR No. 02(01)2022 is that on 19.01.2022, a combined team of Kamjong District Police, NAB, 6 MR and Forest Department Kamjong carried out destruction of illicit poppy cultivation at Lanchah Village hill range of Kamjong under the jurisdiction of Chassad Police Station. About 26 acres of poppy cultivated areas were destroyed and accordingly FIR No. 02(01)2022 CSD PS u/s 18(b) ND&PS Act was registered. As the petitioner was Village Chief for the area under poppy cultivation, a notice was issued to him for appearance. The petitioner approached the court of learned Special Judge (NDPS), Ukhrul, Manipur under Section 438 CrPC by way of an application being Cril. Misc. (AB) Case No. 15 of 2022 for pre arrest bail and vide order dated 22.11.2022, he was granted interim protection. However, by an order dated 06.02.2023, the interim bail was vacated and the bail application was rejected. Then, the petitioner was arrested on 06.02.2023 and was remanded to police custody and on 10.02.2023 to judicial custody.

4. For FIR No. 02(02)2023, it is stated that on 22.01.2023, Kamjong District Police led by Shri Semmi Ramror MPS, Addl. SP (LO), Kamjong conducted a survey and found poppy plants cultivation on land measuring an area of about 15 acres located at a place of 1 km North-East of Maokot village settlement area in Lanchah Village under Sahamphung Sub-division, P.O. & P.S. Chasad, Kamjong District. A survey report was submitted to District Magistrate, Kamjong for issuing an order of attachment and destruction of poppy cultivated land. Thereafter, the order for attachment and destruction of poppy cultivated land was ordered under Section 48 ND & PS Act 1985 by the District Magistrate, Kamjong. For investigation, a FIR No. 02(02)2023 CSD PS u/s 18/46 ND&PS Act was registered on suo-moto.

5. On 08.02.2023, a combined team of Kamjong District Police, 1st Bn MR, 6th Bn MR, 7th Bn MR, MPTC Pangei, NAB and Forest Department, Kamjong Division conducted the poppy plant destruction at Maokot Village Jurisdiction and 6.900 kgs of poppy pods with plants were seized. The seizure items were produced before the JMFC, Ukhrul on 11.02.2023 along with a prayer for sampling and forwarding of the exhibit to the Director, DFS, Manipur for examination. Thereafter, the samples were sent to the Director, DFS, Pangei on 16.02.2023.

6. On 06.02.2023, the accused/petitioner was arrested in connection with another FIR being FIR No. 02(01)2022 CSD PS, U/S 18(b) ND & PS Act relating to poppy cultivation. As such, the accused was remanded into judicial custody on 10.02.2023.

7. According to the police report, it is stated that the poppy cultivated area is within Lanchah Village and as per the customary law, the petitioner who is the Chief of Lanchah Village is the sole owner of the poppy cultivated land. During the course of investigation, it has come to the light that the accused person was involved in the above referred FIR case. Hence, the accused being the Chief of Lanchah Village is required to be interrogated at JIC, Imphal and for taking photograph and finger print for further investigation of the case.

8. The I.O of the present case prayed for police custody remand for formal arrest of the accused from jail for the purpose of further investigation in connection with FIR No. 02(02) 2023 CSD PS, U/S 18/46 ND & PS Act. Vide orde