Northeast

Myanmar national detained under NSA, Foreigner Act released on bail in Imphal

Myanmar national Kyaw Kyaw Naing arrested in 2019 was released on bail on furnishing a personal bond of Rs 1 lakh with two sureties in the like amount to the satisfaction of the Special Judge, (NDPS), Imphal.

ByIFP Bureau

Updated 30 Apr 2022, 1:00 pm

Manipur High Court (PHOTO: IFP)
Manipur High Court (PHOTO: IFP)

A Myanmar national who was detained under NSA in 2019 for allegedly smuggling drugs and further detained under Foreigner Act after being released by the court in 2021, was granted bail by the High Court of Manipur on Friday. He was released on bail on furnishing a personal bond of Rs 1 lakh with two sureties in the like amount to the satisfaction of the Special Judge, (NDPS), Imphal.

The Myanmar national, Kyaw Kyaw Naing alias Abdul Rahim of Kawhmu village in Rangoon, Myanmar was arrested by a team of Manipur Police, from the gate of the Imphal airport on September 24, 2019. He was arrested in connection with the seizing of a large quantity of drugs - World is Yours (WY) tablets - worth Rs 400 crore.

In connection with the case, a charge sheet was filed at the Special Judge (NDPS), Thoubal. The charge hearing was conducted and the Special Judge discharged him on January 20, 2021.

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According to Kyaw Kyaw, after passing the order for discharge, Central Jail authorities failed to release him. However, concealing the fact, the Heingang Police arrested him by registering FIR No 10(01)2021 under Section 14A(a) and (b) of the Foreigners Act and he was produced before the CJM, Imphal East and remanded in police custody, and had been in custody since.

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Further, he was discharged from liabilities on February 11, 2021 by the Chief Judicial Magistrate, Imphal East. While discharging him, the CJM observed that the accused is admittedly a foreigner and does not possess valid documents for his stay in the country at present. Therefore, the court directed concern to hand over the accused to the immigration office or concerned department for doing the needful.

Since he has been kept in custody without handing over to the Immigration office, he filed contempt proceedings in Criminal Miscellaneous Case No 75 of 2021. The CJM, Imphal East forwarded the case to the High Court for passing necessary orders regarding the custody of the petitioner.

In view of the facts and circumstances, Kyaw Kyaw filed a petition to release him on bail. On the petition, he stated that he was HIV positive and taking ART treatment. Since the petitioner was facing grave danger to his health and in order to show that he was affected seriously, the medical records are to be called for.

From the state, it was submitted before the court that after he was discharged from the case and released by the court, the Reversed Section of Jail tried to find out the relatives of the petitioner, however, no relatives came to receive the petitioner till 4.30 pm. Therefore, the Jail authority decided to release him at an early hour and accordingly, he was released on January 21, 2021 at 10.30 am.

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However, he was arrested again by the Heingang Police under the Foreigner Act, alleging that he had violated the Visa norms by not registering with the Foreigner Registration Office.

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The HC stated that there is no case pending against Myanmar National. In fact, in the offence alleged against him under Section 14 of the Foreigner Act, he was discharged, it stated. The only case he is now facing is the Criminal Revision Petition, which was filed by the state against the discharge order passed by the Special Judge in Special Trial Case No.12 of 2020, the HC stated.

The HC observed that the Visa of the petitioner has expired and unless the same is validated, there is no question of him leaving the country. Because the petitioner being a foreign national, it does not mean that he is not entitled the benefit of bail, stated the HC.

It was further observed that after considering the entire facts and circumstances of the case, the HC did not find any justification for detaining the Myanmar National in prison any longer. Therefore, the HC released him on bail.

While releasing him, the HC stated that he should report before the Special Judge, (NDPS), Thoubal once in a week i.e. every Monday at 10 am until further orders; he should surrender his passport, if not already seized;  he should not leave the country without permission of the Special Judge, (NDPS), Imphal; he should not involve in any act which will create a reasonable ground to assume that the petitioner is trying to create hurdle which will entail cancellation of his bail.

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First published:29 Apr 2022, 2:16 pm

Tags:

manipur high courtmyanmarndpskawhmuabdul RahimKyaw Kyaw naing2019 drug casemanyman national

IFP Bureau

IFP Bureau

IMPHAL, Manipur

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