MUMINUR RAHAMAN BARBHUYA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The petitioner/accused was arrested in the formal arrest under FIR No. 30(4)2018 NAB PS U/s 22 ((THELAW)) /62/60(3)/25/29/21(b) ND & PS Act (as amended on 15.09.2018 and has been under Judicial custody for the last 7/8 months i.e. 240 days in jail.

(2.) That on 10th April 2018 at about 11.30 am, 23rd Assam Rifles, Kamei post received specific information from their Battalion Headquarter that a cruiser vehicle bearing regd. AS 11AC6710 which was moving from Imphal to Silchar was carrying illegal drugs. Accordingly AR mobile vehicle post started checking all the vehicles going to Silchar. At around 13:15 hours of the day, the cruiser vehicle bearing regd. No. AS11AC6710 arrived at their location. Then, in the presence of the witnesses, the complainant started checking the said vehicle being driven by Mr.Manzil Ahmed lasker of Uttar Lalpani Sub Divn. Lakhipur P.O. & P.S. Jirighat, District Cachar, Assam. At 17:00 hrs, the complainant found a long handmade arrangement inserted inside the modified chasis of the vehicle and found 50 plastic packets wrapped with yellow cello tap. On opening the packets 10 blue colour smaller packets containing 200 pieces of pink round tables as "WY" in each of them were found i.e. altogether 50x10x200=1,00,000 tablets which weighed. On weighing altogether 11.34 kgs including the weight of those blue plastic packets. Hence, one case was registered at NAB-PS under this above FIR case and the petitioner was arrested and had been under the Judicial Custody till date for more than 240 days thereby violated the provisions under section 167(2) Cr.P.C.

(3.) The petitioner/accused is quite innocent of the charges leveled against him and he has been falsely implicated in this case and nothing recovered from his possession any illegal drugs at the time of arrest. Hence this bail petition is filed. Objections raised by the respondents No. 2 & 3