AYANGBAM SURESH ALIAS IBUNGOMACHA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1973 read with Section 37 of ND & PS Act, 1985 to enlarge him on bail.

(2.) The petitioner was arrayed as accused No.3 and was arrested in relation to F.I.R.No.6(3)2019 registered under Section 18(b) and 29 of ND and PS Act on the file of Heingang Police Station. Earlier, the petitioner had approached the Special Court (ND & PS), Manipur at Lamphelpat for bail. By an order dated 22.07.2019, the Special Court, rejected the bail application.

(3.) The case of the prosecution is that on 15.03.2019 at about 9.30 p.m., a team of Imphal East commando police conducted frisking and checking at Koirengei Bazar. At around 9.45 p.m., one Tata Tiago car was seen coming from Khongampat side. On seeing the police, the car was driven fast, however, the police managed to stop the car at tri-junction of Koirengei Bazaar. On checking the car they found one bag containing 10 nos. of polythene packets containing muggy blackish stuffs suspected to be opium (kani). The total stuff (ten polythene packets) was weighed at a nearby grocery shop and found that it weights a total of 6 kg and 754 grams. The driver and occupant of the car viz., Purna Bahadur Karki and Leishangthem Dhiren, who were arrayed as accused Nos.1 and 2, were handed over to Heingang Police Station on the following day by lodging a report.