BAPPAN UDDIN LASKAR 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 and 35 of the ND and 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.) The Petitioner/accused is the owner and driver of the vehicle used by the other co-accused on hire whereby the present 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 latter identified as a member of Narcotics Controls Bureau, Imphal stops us 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 ND and PS Act, 1985 as amended. Even assuming the allegation that the petitioner/accused for the alleged offence, the required provisional interrogation had been completed. The statutory mandatory period of detention of 180 days as per section 167(2) of the Code of Criminal Procedure, 1973 as amended is violated since the petitioner/accused had been in custody for 300 days till date.

(3.) Therefore filed this bail application enlarging the petitioner/accused on bail.