JIYAUR RAHMAN BARHUIYA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The petitioner/accused was arrested along with two others in connection with the NCB Crime No.06/2018 U/s 8(c), 17(c), 21(c), 22(c), 29 & 35 of the ND & PS Act, 1985 as amended on 05.04.2018 and has been under Judicial custody for the last 9/10 months i.e., 300 days in jail.

(2.) At the time of arrest the Narcotics Controls Bureau/Narcotics personnel has violated the formalities to be observed under the mandatory provision of the N.D. & P.S. Act.

(3.) The petitioner/accused along with two other co-accused on 05.04.2018 were travelling in N.H. 53 to Silchar from Imphal in connection with a business trips wherein a group of persons which is later identified as a member of Narcotics Controls Bureau, Imphal stop them near Khumbong area and start frisking and checking the vehicles. And to the utter surprise it is alleged that some Psychotropic and controlled drugs is found from the vehicles used by the accused persons thereby detained and filed as case against the accused person being Crime No.06/2018 U/S 8(c), 17(c), 21(c), 22(c), 29 and 35 of the N.D. and P.S. Act, 1985 as amended.