P a g e | 1

MC(Crl.Revn.P.) Nos. 2,3 and 7 of 2021

Ref:- Crl. Rev. Petn. No. 10 of 2021

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

MC(Crl.Rev.P) No. 2 of 2021

Ref:- Crl.Rev.P. No. 10 of 2021

Md. Kyaw Kyaw Naing @ Abdul Rahim (33) yrs., S/o

Abdul Jabar @ Ula Sin of Kawhmu Village Moha

Rangoon, Myanmar at present in the custody of the

Heingang Police Station, Imphal East, Manipur-795002.

….. Respondent No.2/Applicant

- versus -

1.

The State of Manipur represented by the Chief

Secretary (Home), Government of Manipur,

Babupara Old Secretariat Building, Imphal West,

Manipur – 795001.

2.

The

Officer-in-Charge/Investigating

Officer,

Thoubal Police Station, Thoubal District, Manipur-

795138.

……… Petitioner/Opposite parties

MC(Crl.Rev.P) No. 3 of 2021

Ref:- Crl.Rev.P. No. 10 of 2021

Md. Kyaw Kyaw Naing @ Abdul Rahim (33) yrs., S/o

Abdul Jabar @ Ula Sin of Kawhmu Village Moha

Rangoon, Myanmar.

….. Applicant/Petitioner

- versus -

1.

The State of Manipur represented by the Chief

Secretary (Home), Government of Manipur,

Babupara Old Secretariat Building, Imphal West,

Manipur – 795001.

JOHN

TELE

N

KOM

Digitally

signed by

JOHN

TELEN KOM

Date:

2022.04.29

12:14:32

+05'30'

P a g e | 2

MC(Crl.Revn.P.) Nos. 2,3 and 7 of 2021

Ref:- Crl. Rev. Petn. No. 10 of 2021

2.

The Officer-in-Charge, Thoubal Police Station,

Thoubal District, Manipur-795138.

………Respondents

MC(Crl.Rev.P) No. 7 of 2021

Ref:- Crl.Rev.P. No. 10 of 2021

Md. Kyaw Kyaw Naing @ Abdul Rahim (33) yrs., S/o

Abdul Jabar @ Ula Sin of Kawhmu Village Moha

Rangoon, Myanmar.

….. Respondent No. 2/Applicant

- versus -

1.

The State of Manipur represented by the Chief

Secretary (Home), Government of Manipur,

Babupara Old Secretariat Building, Imphal West,

Manipur – 795001.

2.

The

Officer-in-Charge/Investigating

Officer,

Thoubal Police Station, Thoubal District, Manipur-

795138.

………Respondents

BEFORE

HON’BLE MR. JUSTICE M.V. MURALIDARAN

For the Applicants

::

Mr. P. Tomcha, Advocate

For the Respondents

::

Mr.Lenin Hijam, Addl. AG

Date of Hearing and

reserving Judgment & Order ::

01.02.2022

Date of Judgment & Order ::

27.04.2022

P a g e | 3

MC(Crl.Revn.P.) Nos. 2,3 and 7 of 2021

Ref:- Crl. Rev. Petn. No. 10 of 2021

JUDGMENT AND ORDER

(CAV)

Miscellaneous Case No. 2 of 2021 has been filed by

the petitioner to recall the order dated 17.4.2021 directing the

learned Special Judge (ND&PS), Thoubal to issue warrant for

arresting the petitioner and remand him into the judicial custody and

to enlarge him on bail.

2.

Miscellaneous Case No.3 of 2021 has been filed by

the petitioner under Section 439 read with Section 390 Cr.P.C. read

with Section 36-C of the Narcotic and Psychotropic Substance Act

to release him on bail.

3.

Miscellaneous Case No.7 of 2021 has been filed by

the petitioner to call for the medical report/records of the petitioner

maintained at the Manipur Central Jail, Sajiwa.

4.

Since the issue involved in these Miscellaneous

Cases is one and the same, they were taken up together and

disposed of by this common order.

5.

Heard Mr.P.Tomcha, learned counsel for the petitioner

and Mr.Lenin Hijam, learned Additional Advocate General for the

respondents.

P a g e | 4

MC(Crl.Revn.P.) Nos. 2,3 and 7 of 2021

Ref:- Crl. Rev. Petn. No. 10 of 2021

6.

The learned counsel for the petitioner submitted that

the petitioner is a citizen of Myanmar having his residence at

Kawhmu Village, Moha Rangoon, Myanmar. He along with 9 others

were initially arrested in connection with FIR No.94(08)2019 on the

file of the Thoubal Police Station under Section 22(c)/29/60 of the

ND & PS Act and after filing the charge sheet in Special Trial Case

No.12 of 2020, the charge hearing of the case was done. By the

order dated 20.01.2021, the trial Court dischar