AISHA KHATOON Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. S. Pandit, learned counsel for the petitioner, who has submitted that the petitioner was arrested by the police on 25/9/2024 from her residence at Lower Paltan Bazaar, Jhalupara, Shillong for an alleged recovery and seizure of contraband substance suspected to be heroin weighing 3.67 grams from her house and 6.05 grams from a place nearby a Paan shop, whereupon, on an FIR being lodged in this regard, Lumdiengjri P.S. Case No. 103 (09) 2024 under Sec. 21(b)/27A NDPS Act was registered.

(2.) On investigation launched, the Investigating Officer has finally filed the final report and charge sheet No. 27 of 2024 dtd. 30/12/2024 finding well-established prima facie case made out against the accused/petitioner for the offence punishable under Sec. 21(b)/27A of the NDPS Act. The Trial Court taking cognizance of the case, has registered the same as Crl. NDPS Case No. 1 of 2025 and charges under the aforesaid Sec. was framed on 21/5/2025. The case is proceeding for recording of prosecution's witnesses, for which till date, two out of eleven witnesses were examined and discharged.

(3.) The learned counsel has also submitted that vide order dtd. 31/1/2025, the competent authority had passed a detention order against the petitioner under Sec. 3(1) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 and she was accordingly placed under preventive detention for three months, the grounds being that she was involved in three cases registered under the NDPS Act, where in one of such cases, Lumdiengjri P.S. Case No. 34 (4) 2015, she was acquitted way back on 27/5/2022 and another being Mawlai P.S. Case No. 47 (05) 2023 which is pending before the Trial Court. However, the period of the said preventive detention has expired, submits the learned counsel.