SAHARA SUNA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. S. Deb, learned counsel for the applicant, who has submitted that the case of the applicant herein is that on the basis of an FIR lodged before Umkiang Police Patrol Post, East Jaintia Hills District on 31/7/2025, wherein a report was made with the police in the Anti-Infiltration Check Post Ratacherra and while conducting vehicle checking, had intercepted one vehicle (Tata Sumo Tourist white colour) bearing registration No. ML 04 B 4487. Upon searching, the person of one Shri. Kmenlang Dkhar, contraband substance suspected to be heroin was seized from him. Accordingly, following due procedure and formalities, the case under the NDPS Act was registered, and the said suspect was arrested in connection thereof.

(2.) The learned counsel also submits that, in course of investigation, another person suspected to be involved in the transaction of the contraband substance, namely Shri. Rudy Sutnga was also arrested, the primary allegation against him is that, he is instrumental in financing the said operation, wherein an amount of Rs.45,000.00 (Rupees forty-five thousand) only was detected to have been transferred from his account presumably for procurement of the said contraband substance. He also submits that the Investigating Officer, during the course of his investigation, has noted that there is evidence against the said main accused person and also against the co-accused person, namely Shri. Rudy Sutnga, and accordingly, on a well-founded prima facie case, the Investigating Officer had referred the matter to the competent court of jurisdiction for the accused person including Shri. Rudy Sutnga, to stand trial for having committed an offence under Sec. 27A/29 NDPS Act, 1985. However, charges have not yet been framed till date.

(3.) It is the further submission of the learned counsel that the accused husband of the applicant i.e. Shri. Rudy Sutnga is not at all involved in the whole operation, and in fact, as regard the said transfer of Rs.45,000.00 from his account, the same was sent to one Smti. Patience Pale, who is his sister-in-law for the cost of her medical treatment. This transaction has been construed as one, relating to the involvement of the said accused person in question in financing the operation by the said main accused person, Shri. Kmenlang Dkhar, where in fact, the accused person in question is not at all known to Shri. Kmenlang Dkhar and there is no nexus whatsoever as far as their relationship is concerned.