MEGHALAYA HIGH COURT
W. Diengdoh, J.
Aisha Khatoon alias Pahari v. State of Meghalaya
B. A. No. 36 of 2025
1. Heard Mr. S. Pandit, learned counsel for the petitioner, who has submitted that on 31.05.2023, at a place known as ISBT junction, Mawiong, Shillong, the police intercepted a public vehicle proceeding from Nongpoh to Shillong, of which the petitioner was one of the passengers therein. On a search being made allegedly, 37.28 grams of contraband substance (heroin) was said to have been seized from her possession.
2. Accordingly, an FIR was lodged by S.I. Karan T. Pachuau ANTF, East Khasi Hills, Shillong before the Officer - in - Charge, Mawlai Police Station, and a case being Mawlai P.S. No. 47 (5) 2023 under S.21(b) NDPS Act was registered.
3. On investigation launched, the petitioner was arrested and detained in custody in connection with the said case, however, since the investigation could not be completed within the stipulated period, she was granted default bail by the learned Special Judge (NDPS), Shillong vide order dated 01.08.2023 with certain conditions to be fulfilled.
4. The investigation being completed, the petitioner was made to stand trial for the offence under S.21(b) NDPS Act before the competent court of jurisdiction with a regular case being registered as Cri. NDPS Case No. 46 of 2023.
5. In course of trial in the said Cri. NDPS Case No. 46 of 2023, after a year or so, the petitioner was again arrested on 25.09.2024 in another related case being Lumdiengjri P.S. Case No. 103 (09) 2024 under S.21(b) / 27A NDPS Act, allegedly for recovery and seizure of heroin weighing 9.72 grams from her house and nearby a Paan shop, such recovery and seizure being made on 25.09.2024.
6. Vide order dated 31.01.2025, the competent authority had passed a detention order against the petitioner under S.3(1) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 and she was accordingly placed under preventive detention for three months, the grounds being that she was involved in three cases registered under the NDPS Act, where in one of such cases, Lumdiengjri P.S. Case No. 34 (4) 2015, she was acquitted way back on 27.05.2022 and the other case being Lumdiengjri P.S. Case No. 103 (09) 2024 which is pending before the Trial Court. However, the period of the said preventive detention has expired, submits the learned counsel.
7. It is also the submission of the learned counsel that having been arrested in the said Lumdiengjri P.S. Case No. 34 (4) 2015, an application for cancellation of bail in connection with Mawlai P.S. Case No. 47 (05) 2023 (Cri. NDPS Case No. 46 of 2023) on the ground that the petitioner had violated bail conditions, was preferred before the learned Trial Court. The court after hearing the parties vide order dated 27.02.2025, had accordingly cancelled the previous bail granted to the petitioner. Against this order, the petitioner has approached this Court by way of Crl. Petn. No. 14 of 2025, but the same was dismissed vide order dated 28.03.2025, and as such, the petitioner is still in custody till date.
8. Again, the learned counsel has submitted that the petitioner has filed two separate bail applications before the Trial Court, but the same was rejected vide relevant orders dated 07.05.2025 and 03.07.2025.
9. It is the submission of the learned counsel that this application is preferred, seeking grant of bail on behalf of the petitioner on the ground that she has been in custody for more than ten months or so, and there is no likelihood of the trial concluding in the near future since only four out of ten cited witnesses have been examined by the court as prosecution's witnesses.
10. It is the contention of the learned counsel that the petitioner is allegedly involved in connection with seizure of an intermediate quantity of contraband substance (heroin) and as such, the rigors of S.37 NDPS Act is not applicable in her case. Taking into consideration the fact that investigation has been completed, there is no scope for the petitioner to tamper with the evidence or witnesse
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