PHALKHUNEI SINGSON Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THIS Revision Petition is against the order of the learned Judge, Special Court, N. D. P. S. Act, Manipur, Imphal dated 24. 8. 1999 passed in special trial case No. 1024/1995 (ref : FIR No. 92 (7) 90 BAPS under Section 21 of the N. D. P. S. Act ).

(2.) HEARD Miss Sundari, learned counsel for the petitioner and Md. Jalal Uddin, P. P. (HC) for the respondents.

(3.) THE case of the petitioner is that on 24. 7. 1990 one Shri N. Duidang, Sub-Inspector of BAPS, Manipur received a tip top information that one Ms. Hitting Kuki (28), daughter of Kongpu Kuki of Sugnu village had been selling narcotic drugs. On receipt of the said information Shri N. Duidang, SI, BAPS raided the house of Ms. Hitting Kuki at about 12. 30 p. m. on 24th July, 1990 however no incriminating article could be found from the possession of Ms. Hitting Kuki. On short interrogation she disclosed that about 2/3 days back she had received about 80 gms of heroine powder from one Nengrom Kuki of Namphalong (Burma) and the same was kept in the custody of Ms. Phalkhunei Singson (present petitioner) who was residing in a rented room at New Lambulane. Accordingly, Shri N. Duidang, SI, BAPS alongwith police party of BAPS conducted search of the room of Ms. Phalkhunei Singson (present petitioner) at New Lambulane. Shri N. Duidang, SI found two packets containing 30 gms of heroine powder each and one packet containing 20 gms of heroine powder under the pillow of Ms. Phalkhunei Singson. Shri Duidang, SI, BAPS seized the said three packets containing heroine powder by preparing a seizure memo dated 24. 7. 1990 in the presence of three witnesses, namely, (1) Md. Rajen (28) S/o (L) Md. Feroz of Khergao Awang Sabal Leikai, P. S. Imphal, (2) Md. Ashish Ali Shah (20) S/o Md. Amjad of Khergao Makha Leikei and (3) Md. Gaffar (35) S/o Md. Jenam of Khergao Awang Leikai, Imphal. But the seizure memo prepared by Shri N. Duidang, SI of BAPS does not bear the signatures of the said witnesses. In other words, the said three witnesses did not sign on the seizure memo prepared by Mr. N. Duidang, SI, BAPS. After the alleged seizure of the three packets containing heroine powder, Mr. N. Duidang, SI, BAPS had submitted report to the O. C. BAPS on the same day i. e. 24. 7. 1990. The O. C. , BAPS registered FIR case being No. 92 (7) 90 BAPS under Section 21 of the N. D. P. S. Act. After completing investigation, charge-sheet was submitted and the learned Special Judge under his impugned order dated 24. 8. 1999 had framed charge under Section 21 of the N. D. P. S. Act against the present petitioner despite the fact that material irregularities committed by the Police Officers of BAPS in making the alleged seizure of the said three packets containing heroine powder from the room of the Ms. Phalkhunei Singson (present petitioner) which vitiate the criminal proceedings.