STATE OF MEGHALAYA Vs. BERNARD LYNGDOH PHAWA

JUDGEMENT

(1.) A 21-year-old man, who was enrolled in an undergraduate mass communication programme at St. Anthony's College in Shillong, was found not to have returned to his lodgings on the night of February 18, 2006. The following morning, a missing complaint was lodged with the Sardar Police Station in Shillong by the local guardian of the student.

(2.) Such local guardian organised one or more teams of the missing man's friends to go out on search for Biplab Das. By the evening of February 19, 2006, at least one of the search parties had discovered a PCO in Mawroh from where Biplab had called a friend named Nirvika Singhania at or about 8:30 pm on the previous evening. The first respondent herein was a part of the search party that visited the relevant PCO, but while the first respondent herein was waiting in a taxi nearby another friend of Biplab was told by the PCO owner that the first respondent herein was one of the persons who had visited the PCO around the same time the previous evening.

(3.) The first respondent was arrested at 9 am on February 20, 2006 by Sardar Police Station vide G.D. No.593 and the memorandum of arrest indicated a charge of kidnapping for ransom under Sec. 364A of the Indian Penal Code, 1860.