Bail application dismissed for having no new ground to support the application – Manipur high court
A bail application filed under section 437 of CRPC with section 37 of ND&PS act for enlarging the petitioners on bail was dismissed as the honorable court agreed with the decision of Special Court (ND&PS), Manipur and dismissed the application as no new grounds or materials were presented the judgment was heard before a single judge bench of HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH in the case of Manglinhao Zou and Ors versus Narcotic Control of Bureau ( B.A. No. 20 of 2021)
The learned counsel appearing for the petitioner submits that the NCB never collected or seized the contraband drugs from the possession of the petitioners they were only eye-witnesses and the contraband drugs and articles were seized from the room occupied by the co-accused and they are not the actual owner of the said drugs.it is also submitted that the petitioners have no idea, knowledge, or information of any of the activities, viz., produce, manufacture, possess, sell, warehouse, import, export, etc., of the said contraband substances seized from the room of the other co-accused and they, have been falsely implicated in this case.
The learned counsel also submits that the arresting authority did not comply with the mandatory provisions under section 41, 42, and 50 of the ND&PS Act as well as the mandatory provisions under sections 100 and 165 of the CrPC, and the arrest was made without proper authority and there are no witnesses hence the petitioners are entitled to the bail the counsel relies on the judgment of (i) “Narcotic Central Bureau – Vs – Sukh Dev Raj Sodhi” reported in 2011 AIR (SC) 1939, (ii) “Ashok Kumar Sharma –Vs- The State of Rajasthan” reported in (2013) 2 SCC 67, (iii) “Union of India –Vs- Jassuram” reported in 2002 Legal Eagle (SC) 466 and (iv) “Abdul Rahman –vs- The State of Kerala” reported in (1997) 11 SCC 93.
The learned counsel appearing on behalf of the respondents submits that the present petitioners were found along with the other co-accused, viz., Mr. Waipho, inside his room, engaging themselves in the packaging of Methamphetamine Tablet and the following were seized by the NCB and there is no violation of the seizure formalities as provided under section 42 of the ND&PS Act 1985. And the authorities relied on by the learned counsel appearing for the petitioners, which deals with the search and seizure under section 50 of the ND&PS Act, are not applicable in the facts and circumstances of the present case. Accordingly, the council demands the dismission of the following application.
The learned court finds that the petitioners in the present bail application have been considered and rejected by the learned Special Court (ND&PS), Manipur, by giving a reasoned order. This Court agrees with the reasons given by the learned Special Court (ND&PS), Manipur, and as there are no new ground or material brought before the court the present bail application is rejected.
Judgment reviewed by Naveen Sharma