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IN THE HIGH COURT OF MANIPUR AT IMPHAL
Golmei Gaiphulshillu
Salauddin – Appellant
Versus
Union of India, represented by the Narcotics Control Bureau – Respondent
JUDGMENT :
Golmei Gaiphulshillu, J.
1. Heard Mr. S. Worthing, learned counsel appearing for the petitioner and Mr. W. Darakishore, learned senior PCCG appearing for the respondent at length.
2. The present Bail Application has been filed under Section 439 CrPC, r/w Section 167(2) CrPC & Section 37 ND&PS, Act with a prayer inter-alia for releasing the accused/petitioner on bail.
The prayer of the application reads as follows:
“(i) consider this bail application and call for record/reports from the court below; No. 8/NCB/IMPL/2022.
(ii) enlarge the accused/petitioner on bail with conditions.
(iii) pass any other appropriate order(s) as the Hon’ble Court deems fit and proper for the ends of justice.”
3. Briefs of the case:
The accused/petitioner was arrested along with other co-accused by a team of Narcotics Control Bureau (NCB) on 02.06.2022 on the strength of a complaint information dated 01.02.2022 with an allegation of transporting banned contraband (ganja).
The accused/petitioner is a professional driver who is engaged in transporting items such rice, carton scraps, plastic scraps etc. And with his meager earnings, the accused/petitioner runs a family consisting of 6(six) minor children
The court established that the seriousness of narcotic offenses under the NDPS Act dictates strict bail conditions, emphasizing societal interest and ongoing investigations over the accused's persona....
The main legal point established in the judgment is the application of Section 37(1)(b)(ii) of NDPS Act and the interpretation of the concept of possession as occurring in Section 20 to 22 of NDPS Ac....
Possession of contraband requires awareness; presumption of conscious possession arises when transporting substantial quantities, limiting bail options under NDPS Act.
Drug offence – Once Investigating Officer has found sufficient evidence to prosecute accused for offence for which First Information Report has been registered, FSL report would only be corroborative....
Bail under the NDPS Act requires substantial evidence indicating the accused is not guilty, prioritizing public safety and the integrity of judicial processes over personal liberty.
The main legal point established in the judgment is that the examination report revealing that the recovered contraband was not of a commercial quantity influenced the court's decision to grant bail ....
The court emphasized the limitations on granting bail under Section 37 of the NDPS Act, the definition of ganja under Section 2(iii)(b) of the NDPS Act, and the applicability of Section 50 of the NDP....
Compliance with Section 52-A of the NDPS Act is essential for evidence validity; prolonged judicial custody without trial examination raises constitutional concerns, allowing bail despite stringent N....
Bail under the NDPS Act requires the accused to demonstrate reasonable grounds for believing they are not guilty, especially when substantial commercial quantities of contraband are involved.
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