LALSAWMLIEN KUNGATE Vs. ASHEM IBUNGO SINGH ALIAS NUNGSHI

JUDGEMENT

(1.) HEARD Mr. N. Brojendra, learned counsel for the petitioner/complainant as well as Mr. L. Jayanta, learned counsel appearing for the respondent/accused.

(2.) BY this petition under Section 397 (1), 401 and 439 (2) of the Criminal Procedure Code, 1973 the petitioner/complainant is assailing the impugned order dated 16. 06. 2006 passed by the learned Special Judge (Shri Th. Sudhir Singh) granting bail to the respondent/accused, Shri Ashem Ibungo Singh alias Nungshi in N. C. B. Case No. 1/4/ncb/imp/ganja/cl/2006 under Section 8 (c), 20 (b) (ii) (C) 29 and 60 of the NDPS Act.

(3.) THE case of the prosecution in the said case No. 1/4/ncb/imp/ganja/cl/2006 is that on 18. 04. 2006 at about 1200 hrs on a specific telephonic information received by the petitioner/complainant from the C Coy, Commander 35th Assam Rifles, C/o 99 APO at Khongsang Village on NH 53 under Nungba Sub Division, Tamenglong District, Manipur, two persons namely, (i) Laishram Rajen Singh, Driver, s/o (L) L. Ibohal Singh, r/o Yairipok Kaina Village, PO and PS Yairipok, District Thoubal, Manipur and (ii) Ashem Ibungo Singh, Co-Driver, s/o A Mani Singh, r/o Kongpal Ningthoubung Leikai, PO and PS Porompat District, Imphal East, Manipur who were coming from Imphal side for Jiribam in a civil Tata Truck bearing registration No. MN 04-6951 driven by L. Rajen Singh with co-driver, A Ibungo Singh were intercepted at the check post of C Coy, 35th Assam Rifles, Khongsang Village on NH 53. On checking the said Tata Truck at Khongsang village post, the Assam Rifles personnel recovered 190 packets of contraband Ganja weighing 3,608 kgs, which were concealed/loaded in the secret cavity specially constructed inside the body of the Truck. It is said that the value of the contraband Ganja is Rs. 86,59,200/- (Rupees eighty six lacs fifty nine thousand two hundred) only outside Manipur State.