LAISHRAM NOREN SINGH Vs. LALSAWMLIEN KUNGTE

JUDGEMENT

(1.) This is an application u/S. 439 Cr. P. C. read with Section 37 of the Narcotic Drugs and Psychotropie Substances Act, 1985 (hereinafter refers to as the "Act") filed by one, Shri Laishram Noren Singh, father of the accused, Laishram Surajkumar Singh alias Boynao, who was arrested in connection with Criminal Complaint Case being No. 6/4/ NCR/Imp/Ganja/CL/2006, u/Ss. 8 (c), 20 (b), (ii) (c), 29, 42 and 60 of the ND & PS Act, 1985.

(2.) I have heard Mr. A. Mohendro, learned counsel for the petitioner and Mr. N. Brojendro, learned Special P.P., Narcotic Control Bureau (in short "NCB"), Regional Unit, Imphal.

(3.) The pleaded case of the petitioner for bail of his son, Laishram Surajkumar Singh alias Boynao, is that his son is in ne way involved in the afertsaid complaint case as he is the owner cum-Driver ef tht Mahendra Jeep, bearing Regn. No. MN1A=5936, another Mahendra Jeep bearing Regn. No.MNO 1K-5487 was driver by Thokchom Somi Singh, from which the 13th Assam Rifles intercepted 32 packets of contraband Ganja weighing 644 Kgs (Gress.) On 26-6-06 two tribal persons hired the aferesaid twe jeeps through the All Manipur Jeep Owners Association, to transport some grocery items from Imphal to Ringui Village, Ukhrul District, Manipur. The owner of the aforesaid quantity of Ganja are (i) Banison and (ii) Mahai of Ringui village, who hired the vehicle. Petitioner's son along with another person. Thokchom Somi Singh, on good faith, proceeded towards Ringui Village. After reaching Ringui Village, said Banison and Mahai requested the petitioner's son, Laishram Surajkumar Singh and Thokchorn Somi Singh, to transport some of their grocery articles, which were said to be ginger and chilli, from Ringui village up to Phungcham village and accordingly they proceeded further towards Phungcham Village, and on the way to the said Phungcham Village, 13th A. R. personnel detained the said vehicles and intercepted the aforesaid quantities of Ganja from the vehicles. They were arrested and produced before the Special Court, ND & PS on 1-10-06 and since then the accused Laishram Surajkumar Singh has been in judicial custody. It is also stated in the bail application that before approaching this Court, the petitioner also approached the Special Court , which is entrusted to take up the cases relating to narcotic drugs and psychotropic substances. The said bail application was rejected by the learned Judge Special Court on 16-12-2006.