LALCHHANDAMA, S/O LALDINLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. Roshan Subedi, learned counsel appearing for the petitioner as well as Mr. Lalsawirema, learned Addl. Public Prosecutor, Mizoram.

(2.) THE petitioner is praying for bail under Section 439 of CrPC in connection with Crl. Trial No. 2117/2013 under Section 25A of Narcotic Drugs and Psychotropic Substances Act, 1985. It is the case of the petitioner that he was arrested on 29.11.2013 at about 7.50 AM at Aizawl along with the other accused person. The other accused person was discharged by the Chief Judicial Magistrate. The petitioner since 29.11.2013 has been under custody for the past 194 days. The accused/petitioner was arrested on the allegation that he was the owner of 11 parcels/boxes of medicines suspected to be pseudoephedrine which was sent through the Head Post Office, Treasury Square, Aizawl. The arresting agency had arrested the petitioner along with the seized medicines from the Head Post Office when the accused/petitioner and the co -accused were found collecting the same. It is the case of the petitioner that he has been residing at Bawngkawn, Aizawl since several months and he is from Khawhmmunnuam village located within Myanmar and that if he is enlarged on bail he is in a position to provide security for his presence before the appropriate competent Court.

(3.) MR . Roshan Subedi, learned counsel appearing for the petitioner submits that there has been violation of Section 42 of the ND&PS apart from other illegalities and irregularities and on this ground the petitioner may be allowed to go on bail apart from the other ground taken.