Special Court (NDPS) grants bail to Col Ajay, two others in Pallel drug case
It may be mentioned that four other accused in the case including the son of sitting Congress MLA, TN Haokip were released on bail, by the Special Court NDPS recently.
According to a reliable source, the four have been released on a P/R bond of Rs One Lakh each, with one surety of an equal amount each.
Sources have said that the accused Ngairangbam Brojendro Singh the Assistant Manager, Customer Service of Indigo Airlines, Imphal in his bail application had submitted that on February 24, 2013 he had met his acquaintance Ajay Chowdhry who requested him to accompany him to Moreh and he agreed and boarded his vehicle.
Accused Ajay Chowdhry had also denied any seizure of drugs from his possession and submitted in his bail plea that he is an honest person and living with dignity and had no knowledge about the content of the bags seized, the source said.
He too had submitted that the seizing authority did not comply with the mandatory provision of the Act.
Accused RK Babloo had also submitted a similar bail plea, the source continued.
The accused persons’ counsel had notified the Special Prosecutor that the accused persons has been in custody for more than the statutory period prescribed under the Code and hence prayed to release the accused on bail; which was however objected by the latter, informed the source.
After having heard the Counsel for the accused/petitioner and the Special Public Prosecutor for the prosecution, the Court observed that: “Firstly, on perusal of the materials on record, particularly the seizure memo, it appears that the said pseudoephedrine tablets were seized from the possession of the accused persons namely Lunkhohao Haokip alais Haopu Haokip and Zangminthang Tuboi alias Minthang. Thus, prima facie case against the said two accused persons are made out. Besides, there is no authority of the accused persons to transport, possess or use the seized pseudoephedrine tablets.Thus, the said pseudoephedrine tablets was not recovered nor seized from the possession of the accused/petitioner R.K. Babloo”.
It further continued, “Secondly, the accusation against the accused/petitioners is that they conspired with Colonel Ajay Chawdhry and Ngairangbam Brojendro Singh for transportation of the seized drugs. Thirdly, the prosecution stand is that seized tablets contained pseudoephedrine. This lead to an interesting question as to whether Ephedrine/Pseudoephedrine is a controlled substance or Narcotic Drug or a Psychotropic Substance, if so whether ephedrine/ Pseudoephedrine is listed in the classification of quantity under the Act”.
The Counsel for the accused submitted that the accused has been in custody for more than the statutory period provided u/s 167 CrPC, whereas no charge sheet has been submitted. If the accused applies for bail under his provision on the expiry of the period of 180 days or the extended period as the case may be, then he has to be released on bail forthwith.
It was also observed that charge sheets had not been filed in the instant case and the accuseds Colonel Ajay Chawdhry and Ngairangbam Brojendro Singh has been in custody since 25/02/2013 and accused RK Babloo has been in custody since 08/03/2013. Thus, it is clear that the accused persons have been in custody for more than 120 days, which is more than the statutory period prescribed u/s 167(2) of the Code.
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