MANGNEIKAM HAOKIP Vs. OFFICER-IN-CHARGE, CHASSAD POLICE STATION

JUDGEMENT

(1.) Heard Mr. Tungrei Ngakang, learned counsel for the petitioner and Mr. RK. Umakanta, learned PP for the State respondent.

(2.) The petitioner has filed Bail Application being BA No. 9 of 2023 under Sec. 439 CrPC in connection with FIR No. 02(01) 2022 Chassad PS u/s 18(b) ND&PS Act and BA No.10 of 2023 in connection with FIR No. 02(02)2013 Chassad PS u/s 18/46 ND&PS Act. Earlier, one single Bail Application being BA No. 9 of 2023 was filed for both FIRs. Later on, BA No.10 of 2023 was also filed for FIR No. 02(02)2023 and BA No. 9 of 2023 was treated in connection with FIR No. 02(01)2022.

(3.) Brief fact of the case in FIR No. 02(01) 2022 is that on 19/1/2022, a combined team of Kamjong District Police, NAB, 6 MR and Forest Department Kamjong carried out destruction of illicit poppy cultivation at Lanchah Village hill range of Kamjong under the jurisdiction of Chassad Police Station. About 26 acres of poppy cultivated areas were destroyed and accordingly FIR No. 02 (01)2022 CSD PS u/s 18(b) ND&PS Act was registered. As the petitioner was Village Chief for the area under poppy cultivation, a notice was issued to him for appearance. The petitioner approached the court of learned Special Judge (NDPS), Ukhrul, Manipur under Sec. 438 CrPC by way of an application being Cril. Misc. (AB) Case No. 15 of 2022 for pre arrest bail and vide order dtd. 22/11/2022, he was granted interim protection. However, by an order dtd. 6/2/2023, the interim bail was vacated and the bail application was rejected. Then, the petitioner was arrested on 6/2/2023 and was remanded to police custody and on 10/2/2023 to judicial custody.