A single bench Justice A Guneshwar Sharh of the High Court of Manipur on Monday set aside a Special Judge (NDPS), Thoubal order of January, 2021 for discharging nine international drug smugglers who were arrested in 2019.
In 2019, Thoubal District Police, with the assistance of the members of Phoudel Keirambi Youths Club, Phoudel Keirambi intercepted one Tata Di vehicle bearing Regd. No. MN06LA-2847 at IVR (Inter Village Road) of Phoudel Keirambi Mathak Leikai under the jurisdiction of Yairipok PS from which some suspected illegal items allegedly 40,000 numbers of suspected WY tablets were recovered; the driver was identified as Mohammad Hussain.
Through the driver, one international drug smuggler, namely Kyaw Kyaw Naing @ Abdul Rahim was arrested from Imphal International Airport, Tulihal.
Moreover, from the disclosure of the driver, more were arrested namely Ayub Khan, Abdul Rajaque, Jhutan Malakar, Tanmoy Pal, Biman Das, Abdul Hasim, Sheikh Mohamad Ahnsan.
They were remanded to police and judicial custody by the court on different dates of different months in 2019 and 2020.
However, the Special Judge (NDPS) Thoubal discharged them from the charges punishable under Sections 22(c)/29/60(3) ND&PS Act and Section 468 IPC, stating the grounds for discharging the accused persons are - (i) change of place of occurrence, and (ii) non-compliance of the mandatory provisions of Sections 41, 42 and 50 of ND&PS Act.
Being aggrieved by the impugned order of the Special Trial Court, the state government challenged the order to the SC. Then, the SC ordered the High Court to decide the revision petition filed by the state against the discharge order as expeditiously as possible and in any case, by the end of May, 2024.
Accordingly, this case was listed on May 30, for pronouncement of judgment.
However, due to the sudden flash flood in Manipur, there were no court sittings on May 30, 31 May and the case was listed for June 3, 2024, the next working day available, for pronouncement of judgment.
The HC, after hearing submissions from counsels and observing facts, stated that it is evident that the ingredients for the offences under Sections 22(c)/29/60(3) of ND&PS Act and Section 468 IPC are made out against the accused persons who are respondents herein. The applicability of the mandatory provisions and admissibility of the materials relied by the prosecution are to be decided during the trial and such factual aspects cannot be presumed by the court in a charge hearing proceeding.
Therefore, impugned order of the Special Judge (NDPS) Thoubal of January 20, 2021 for discharging the accused persons is set aside with a direction to proceed with the trial, after framing charges under Sections 22(c)/29/60(3) ND&PS Act and Section 468 IPC against the accused persons.
