MANGTE INDRAMANI Vs. STATE OF MANIPUR
HIGH COURT OF MANIPUR
STATE OF MANIPUR
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M.V.MURALIDARAN, J. -
(1.) Heard Mr. Serto T. Kom, learned counsel for the appellant and Mr. Sh. Yangya, learned Addl. P.P. for the State.
(2.) The appellant, who has been arrayed as first accused in Special Trial No. 55 of 2018 on the file of the Special Judge (NDPS) (FTC), Manipur, was convicted under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo 10 years rigorous imprisonment with a fine of Rupees One Lakh to be paid within a period of 12 months from the date of judgment, failing which it was ordered that he shall serve imprisonment for further period of one year. Challenging the conviction and sentence imposed on him, the appellant/first accused has preferred present Criminal Appeal before this Court.
(3.) According to the prosecution, on 26.2.1999 at about 3.00 P.M., the appellant was arrested at Wabagai Bazar Road Crossing along with another accused viz., Yumnam Sarat Singh Singh (second accused). The Arresting Authority was said to have informed the appellant in writing of his rights under Section 50 of ND and PS Act to be searched in the presence of a Magistrate or a Gazetted Officer. As the appellant consented to have his body searched at the spot itself by any Police Officer and the body of the appellant was searched and a plastic packet of No.4 (Heroine powder) was found. The said packet was kept concealed inside one Nylon bag hanging from the left side shoulder of the appellant. The police registered a case and subjected the accused to trial before the Special Judge (NDPS) (FTC).;
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