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GAUHATI HIGH COURT - KOHIMA BENCH
SHRI. EREN EZUNG – Appellant
Versus
THE STATE OF NAGALAND – Respondent


Advocates:
['SENTIYANGER', '', 'CHUBA IMCHEN', 'VESUTOLU THERIE', 'GOVT ADV NL']

ORDER

Date : 07-12-2021 This petition is filed u/s 482 of the Criminal Procedure Code, 1973, for quashing of criminal proceedings in connection with Special Case No. 11/2020 connected with Tseminyu P.S. Case No. 05/2020 u/s 22 and section 27 of the NDPS Act, 1985.

The petitioner accused is represented by the learned counsel, Mr. Sentiyanger, assisted by Mr. Chuba Imchen, while the State respondents is represented by learned PP, Mr. K.

Angami.

Briefly stated, the facts of the case is that on 10.04.2020, at around 3:00 P.M., CoVID-19 surveillance team of Kandinu village council arrested the accused/petitioner Constable Eren Ezung of 8 NAP Batallion, Regd No.84467. It is stated that the accused/petitioner was kept in custody by the CoVID-19 surveillance team from 3:00 P.M. of 10.04.2020 till 9:00 A.M of 11.04.2020, a total of 18:00 hours after arrest an FIR was lodged before the Officer-in-Charge, Tseminyu P.S. on 11.04.2020 by Mr. Joel Kath, President of Kandinu group Village Council which is reproduced herein below:-

“To The Officer Incharge Tseminyu Police Station Sub: FIR Sir, As cited in the subject, the undersigned would like to bring to your knowledge that the Village Council Surve

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