Crilminal Rev.Petn. No. 6 of 2014

Page 1

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

Criminal Revision Petition No.6 of 2014

The State of Manipur

……. Petitioner

– Versus –

Manoharmayum Ibotombi Sharma, aged about 38 years, s/o M.Lalmohom

Sharma of Nagamapal Singjubung Leirak.

…. Respondent

BEFORE

HON’BLE MR. JUSTICE M.V. MURALIDARAN

For the Petitioner/s

: Mr.H. Samarjit, PP

For the Respondent/s

:

Mr. M.I Sharma

Date of hearing

:

18.02.2021

Date of Judgment & Order

:

26.03.2021

JUDGMENT & ORDER

(CAV)

[1]

This Criminal Revision Petition is filed by the State against the portion of

impugned order dated 21.05.2014 discharging the Accused/Respondent by the court

Crilminal Rev.Petn. No. 6 of 2014

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of

the

Special

Judge

(ND&PS)/Fast

Track

Court

in

its

Special

Trial

No.543/95/26/2009 (Ref: FIR No.89(1) 94 IPS u/s 21/29 ND&PS, 25(1-B) Arms Act

on the inter alia grounds that there are sufficient materials/evidence on records for

framing of charges against the accused/respondents, but the Trial Court failed to

appreciate the materials available on records thereby passing the impugned

discharged order dated 21-05-2014.

[2]

The brief facts of the case:

(i) That, on 14-01-1994 a secret source information was received by the

ASI, Th.lbotombi Singh of Narcotic Cell that one jeep vehicle bearing No MNO2-

1428 belonging to Manoharmayum Ibotombi Sharma S/o.M.Lalmohon Sharma of

Nagamapal Singjubung Leirak used to carry No 4 heroin powder in its specially

designed box made under the back seat and for which the said ASI. Th Ibotombi

Singh reported/requested to the Superintendent of Police, Imphal West for

authorization to search on the said Jeep belonging to M.I.Sharma.

(ii) Following on the said report of the ASI. Th. Ibotombi Singh the SP/Imphal West

communicated his authorization through Shri. G Yaima Sharma, Inspector. Officer in-

charge of Narcotic Cell, Imphal District, Manipur.

iii) Accordingly, the aforesaid Inspector G. Yaima Sharma endorsed to Th Ibotombi

Singh.

ASI

for

early

action

of

the

authorization

dated 14.01.2014.

iv) Thereafter, ASI. Th Ibotombi Singh has submitted a report to the S.P/Imphal west

Crilminal Rev.Petn. No. 6 of 2014

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stating that on 14-01-1994 at about 11.00 am, he along with his party of Narcotic Cell

stopped one Jeep bearing Regd. No MN02-1428 at Nongmeibung Road in front of

RDS High School, driven by the aforesaid accused/respondent No.1 with the

authorization for search and conducted search on the jeep and found the following

articles (i) Two plastic packets of Heroin Powder weighting 50 gms each (ii) One

country made revolver 0.38 bore with 71 Nos. of live rounds and (iii) one green colour

jeep bearing No. MN02/1428.

v) All the seized articles and two accused persons were handed over to the O.C.,

Imphal Police Station through OC Narcotic Cell with a report for necessary action.

vi) On the same day i.e., 14-01-1994, the seized articles were deposited in the

GODOWN as received by the Officer-incharge of godown namely A. Latif O. C.

Inspector.

vii) The said report mentioned above at (v) was treated as O.E of FIR No.89(1)94 IPS

under

Section

21/29

ND

&

PS

Act

and

Section

25(1-b)

Arms

Act.

(viii) On 17-01-1994 the seized vehicle jeep was examined by expert and gave its

opinion

that

the

said

vehicle

has

been

modified

by

local

workshop.

ix) The seized article was sent to FSL, Pangei for its expert opinion/Chemical

Analysis etc.

x) On 25-06 1994, an expert opinion was received with result of examination as <The

exhibits marked 55-CH/94 gave positive test for heroin=

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xi) On 15-07-1994 another expert/Examination report was received with the

findings that Ex.A is a country made revolver. It is in working condition, LR1 to

LR71 are country made live cartridges. They can be fired thr