MD. SAMSUL HAQUE Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) Heard Md. Jalaluddin, learned counsel for the petitioner and Mr. R.K. Umakanta, learned G.A. for the respondents.

(2.) In this writ petition, the petitioner has challenged his dismissal from service vide order dated 27.12.2013, passed by the Commandant, 8th Bn. Manipur Rifles, Leikun, Chandel.

(3.) The petitioner was at the relevant time serving as a Rifleman in the 8th Manipur Rifles having been appointed in the year 1988. He was placed under suspension vide order dated 28.08.2012 on the ground of unauthorised absence and also for involvement in the FIR Case No.453(8)2012 IPS under Section 25 -A/29 ND&PS Act. Subsequently, he was served with the Memorandum of charges dated 22.11.2012 containing the articles of charges and other relevant papers. The charges against the petitioner were that firstly, he was found absent w.e.f. 20.08.2012 to 28.08.2012 i.e. 8 (eight) days from his place of posting at 8MR, BHQ, Leikun without any leave or permission from the competent authority, and secondly, during his period of unauthorised absence from BHQ, Leikun he was arrested in connection with the aforesaid FIR case. It has been stated that on 21.08.2012 at around 6:15 pm he along with 3 (three) other persons including one Md. Warish Ahamed were detained by a team of Special Intelligence Unit (SIU), Imphal West District at Kwakeithel Thokchom Leikai while they were travelling in a vehicle and huge quantities of illegal drugs i.e. Robocoff Tablets 60 mg Pseudo Ephedrine ­ 50,400 strips in four different packets/parcels containing 12,600 strips in each parcel were recovered from their possession. On the next day, these 4 (four) persons including the petitioner were handed over to OC, Imphal Police Station for further legal action and the OC registered a case under FIR 453(8)2012 IPS u/s 25 -A/29 ND & PS Act. The petitioner furnished his written statement of defence to the aforesaid Memorandum of Charges denying the allegations. His stand is that he had gone along with his friends to the Airport to receive certain parcels sent from Delhi by the brother of the said Md. Warish Ahamed. It is his case that the tablets were seized from the possession of Md. Warish Ahamed who never disclosed to the petitioner about the said contents in the parcels but merely stated that those were garments/cloths sent from Delhi and as such he had no idea of the said drugs. He, therefore, claims that he is totally innocent of the aforesaid acts committed by the said Warish Ahamed.