Crl.Rev.P. No. 1 of 2022

Page 1

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

Cril.Rev.Petition No. 1 of 2022

The Narcotics Control Bureau (NCB), represented by

its Superintendent, Imphal Sub Zone, Changangei

Ucheckon, Airport Road, P.O. & P.S. Lamphel,

Imphal West District, Manipur-795004.

….Petitioner

- Versus -

1. Mr. Paokhothang Haokip, aged about 60 years,

S/o. Lt. Jamhou Haokip, a resident of New Samtal

Village, P.O & P.S. Chandel, Chandel District,

Manipur & Moreh Ward No. 3, Tengnoupal,

Manipur-795102.

2. Ms. Manglamching Zou, aged about 56 years,

D/o. Liansuangthang Zou, a resident of Moreh

Ward No. 3, Tengoupal District, Manipur Sub

Division Chandel, Manipur-795131.

3. Mr. Thanglamkhup Zou, aged about 42 years,

S/o. Haochingthang Zou, a resident of Bungmol

Village, Chandel District, Manipur.

4. Mr. Manglinhao Zou, aged about 35 years,

S/o. Khamlianthang Zou, a resident of Moreh Ward

No. 3, Tengnoupal, Manipur Sub Division Chandel,

Manipur- 795131.

5. Ms. Nongaihlian Zou, aged about 31 years,

D/o. Khamliangthang Zou, a resident of Ward No.

3, Moreh, P.S. Moreh, Manipur-795131.

6. Mr. Waipho, aged about 25 years, S/o. Ubokyi, a

resident of Myopo Village, Sagaing region,

Bhudhaland Tower, Myanmar.

…Respondents

KABORA

MBAM

SANDEEP

SINGH

Digitally signed

by

KABORAMBAM

SANDEEP SINGH

Date: 2022.11.21

14:45:44 +05'30'

Crl.Rev.P. No. 1 of 2022

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B E F O R E

HON’BLE THE CHIEF JUSTICE MR. SANJAY KUMAR

JUDGMENT AND ORDER

[1]

On 07.12.2020, the Narcotics Control Bureau (NCB), Imphal, conducted

search and seizure operations at a clandestine makeshift laboratory at Ward No. 3,

Moreh, Tengnoupal. Three persons were found present and seizures were effected

upon search of the premises. Methamphetamine (W/Y) tablets, gem stones, mobile

phones, currency, a double bore gun with live cartridges and sandalwood were seized

during these operations, which concluded at 18:20 hours on that day. Pursuant to the

inputs provided by one of the three suspects, the NCB conducted further search and

seizure operations at another clandestine laboratory at Ward No. 3, Moreh, Tengnoupal.

Three persons were found at this laboratory also and after search of the premises,

further seizures were effected. Methamphetamine (W/Y) tablets, Methamphetamine -

in the form of powder and ice crystal, crude Methamphetamine, tramadol hydrochloride

capsules, pregbalin capsules, buspirone hydrochloride tablets, a factory-made French

pistol with live rounds, mobile phones, currency and gem stones were seized at this

laboratory. The formalities were concluded at 20:45 hours. Thereupon, NCB Crime No.

05/04/NCB/Imp/WY/CL/2020 dated 07.12.2020 was registered against the six persons

For the petitioner

:

Mr. W. Darakeshwar, Sr. PCCG

For the respondents

:

XXXX.

Mr. Anjan Prasad Sahu, amicus curiae

Date of Hearing

:

16.11.2022

Date of Judgment & Order

:

21.11.2022

Crl.Rev.P. No. 1 of 2022

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found at the spot under Sections 8(c), 22(c), 27A and 29 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (for brevity, the Act of 1985).

[2]

On 11.12.2020, the NCB filed an application in Cril. Misc. Case No. 249 of

2020 before the Special Court (ND&PS), Lamphelpat, Imphal, seeking permission to

handover the seized arms and ammunition, sandalwood and gem stones to either the

Imphal Police Station or the Moreh Police Station or any other Police Station/Agency

for further investigation. This application was filed on the premise that the NCB was

not empowered to investigate offences under any enactment other than the Act of

1985. However, by order dated 04.01.2021, the learned Special Court Judge held that

the NCB had the power to investigate offences other than those arising under the Act

of 1985 and directed it to take appropriate steps with regard to