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 personal circumstances.

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 and a wife who is a mere housewife. Since, his arrest on 02.06.2022 till the filling of this instant, petition, the accused/petitioner has been languishing in jail. On 27.02.2023, an application under Section 439 CrPC r/w Section 167(2) was filed before the Hon’ble Court of the Special Judge, ND&PS, Court, Senapati being Cril. Misc. (B) Case No. 26 of 2023 with a prayer to enlarge the accused/petitioner on bail. However, the same was rejected by the Court of Special Judge (ND&PS), Senapati vide its order dated 17.04.2023.

During the pendency of the Bail Application filed by the accused/petitioner, the Special Public Prosecutor, Narcotics Control Bureau filed an application dated 25.03.2023, praying for extension of time so as to enable the investigation of the newly arrested accused namely Shri M. Jayanta Singh and Shri Livingstone Ngakang and the same was allowed by the Court of the Special Judge (ND&PS), Senapati vide order dated 27.03.2023, thereby vitiating the bail application dated 27.02.2023 filed by the accused/petitioner and rejected the same vide order dated 17.04.2023. Hence, the present petition is filed praying for enlarging the accused/petitioner on bail with conditions as the court may deem fit and proper.

4. In favour of his case, the petitioner filed the following documents:

1. True copy of the Complaint information dated 01.06.2022. (Annexure – A/1).

2. True copy of the Bail Application dated 27.02.2023. (Annexure – A/2).

3. True copy of the order dated 17.04.2023 passed by the Special Judge (ND & PS), Senapati, Manipur. (Annexure – A/3).

4. True copy of the application dated 25.03.2023 filed by the Union of India for extension of time for investigation (Annexure – A/4).

5. True copy of the order dated 27.03.2023 passed by the Special Judge (ND & PS), Senapati, Manipur allowing extension of time for investigation. (Annexure – A/5).

5. The learned senior PCCG appearing for the respondent has filed objection to the present application as thus:

“1. That, at the very outset, the Respondent herein vehemently oppose and deny all the averments and contentions in the instant application made by the petitioner. Save and except those which are specifically admitted herein. Anything that has not been specifically admitted is hereby denied. Nothing shall be deemed to be admitted for want of specific traverse. The Respondents reserve their right to file a detailed reply and submissions at a subsequent stage.

2. That before submitting a para-wise comment, the answering respondent would like to highlight the factual matrix of the case in brief