NGANGOM SOMORENDRO SINGH Vs. OFFICER-IN-CHARGE, MOREH POLICE STATION

JUDGEMENT

(1.) This petition has been filed by the petitioner under Sec. 439 Cr.P.C. to enlarge him on bail in connection with FIR No.32(6)2022 under Sec. 22(c)/60(3)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 [for short, "NDPS Act"] on the file of Moreh Police Station.

(2.) The case of the prosecution is that on 17/6/2022 at about 9.00 p.m., one RG Gurung of 20 Assam Rifles (JC- 2002503 Nb/Sub) reported to the Officer-in-Charge of Moreh Police Station that on the same day at about 17.00 hours, while carrying out routine checking at PVCP Khudengthabi, a grey colour EECO van bearing registration No.MN01-AS-0772 driven by one Maibam Jateshor Singh was checked. On checking, he found 5 packages (50,000 tablets) of suspected WY tablets were found concealing inside detergent containers being transported in the van. On enquiry, it was revealed that the stores belong to the vehicle driver and his associates and the suspected tablets were being ferried from Moreh to Imphal. Based on the said report, FIR No.32(6)2022 under Sec. 22(c)/60(3)/29 of NDPS Act was registered by Moreh Police Station against the petitioner and Maibam Jateshor Singh and took up the case for investigation.

(3.) Mr. L. Sevananda, the learned counsel for the petitioner submitted that he has been falsely implicated in this case and in fact, the petitioner is running a small time business as a transporter, transporting goods and items by plying aEeco van from Imphal to Moreh and Moreh to Imphal on day-to-day basis on being hired by customers. He would submit that the alleged seizure of psychotropic substances was not from the direct possession of the petitioner and that the only incriminating allegation charged against the petitioner is he has contacted the co-accused Maiibam Jateshore for picking up a lady passenger with some belongings, including some grocery items as the said co-accused also running transport business by plying an EECO van on Imphal-Moreh and Moreh-Imphal route.