MUNGTUNG LEITHIL CHARANGA Vs. OFFICER-IN-CHARGE, CITY POLICE STATION

JUDGEMENT

(1.) This petition has been filed by the petitioner, who is younger brother of accused no.2, under Sec. 439 Cr.P.C. read with Sec. 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short, 'the ND and PS Act'] seeking bail to accused no.2, namely Ch. Konai Maring, who is in jail, in connection with FIR No.61(6)2022 under Sec. 21(c)/29 ND and PS Act on the file of City Police Station.

(2.) Heard Mr. Osbert Khaling, learned counsel for the petitioner/accused no.2 and Mr. H. Samarjit, the learned Additional Public Prosecutor for the respondents.

(3.) The case of the prosecution is that on 4/6/2022 at about 1.00 pm, the CDO team along with women police personal were conducting normal frisking and checking patrolling around Paona Bazar BT road and at that time, one man and one woman were found standing along with one apple cartoon box and two thermo flasks in a very suspicious manner in front of eastern gate of Johnstone Hr. Secondary School along NH-2. Immediately, they were detained for spot verification and the woman identified herself as Lhingboi Kipgen and man identified himself as Ch. Konai Maring. On their body check, mobile phone with sim cards, aadhar card, some cash were found from their possession. On being asked about the contents of the apple cartoon box and two thermo flasks, they replied that it contained apples. But on opening it, the team found to contain 30 numbers of soap cases containing suspected heroin no.4 and opening the thermo flasks, 20 numbers of soap cases containing suspected to be heroin were found, weighing 658 grams without the soap cases. Thereafter, by observing all formalities, both were arrested and upon bringing them to the police station, an FIR No.61(6)2022 under Sec. 21(c)/29 ND and PS Act was registered against them.