Constitute Special Committee For Monitoring Drug Cases At State Level To Weed Out Drugpeddling: Manipur HC To State Govt

The Manipur High Court has directed the state government to constitute a Special Committee for monitoring the drug cases at the State Level, with the formation of Sub-Committees at the District Level to weed out drug peddling.

The bench of Justice M. V. Muralidaran observed that the State of Manipur which is called as jeweled land/Kangleipak or Meeteileipak is facing the menace of the illegal acts of transporting, smuggling, and selling of narcotic drugs.

The case in brief

The bench was essentially dealing with the anticipatory bail plea of an Assistant Sub-Inspector who has been accused of acting as the transporters of the drug suppliers by receiving an amount of Rs. 50K from them.

It has been alleged that ASI Tamijur Rahaman (petitioner) arrested one Ershad Khan (allegedly involved in the transportation/selling of brown sugar) and demanded a sum of Rs.5 lakh for his release from his father.

After negotiation, a sum of Rs.1.5 lakh was agreed upon, and accordingly, the said sum was given to ASI Tamijur Rahaman/Petitioner. Although after the receipt of the amount, ASI Tamijur Rahaman (Petitioner) released Ershad Khan, the seized drug was not returned back and the petitioner directed him to contact the co-accused (ASI Md. Rizwan) for the release of drugs and in the course of the discussion, Md. Rizwan demanded Rs.50,000/- for the release of drugs. 

Court's observations

At the outset, the Court took into account the materials produced by the prosecution and observed that the same, prima facie disclosed that the petitioner was actively involved in the heinous crime of drug transportation/smuggling and otherwise, supporting the arrested accused involved in the drug smuggling by receiving the amount for their release.

"In the instant case, even though the petitioners could not be spotted, the arrest of the two accused and their statements and also a collection of materials, particularly, against the petitioners, a prima facie case has been made out against them. It would not be appropriate to discuss all those materials in great detail at this stage...Though there is no direct proof to show that the petitioners have received Rs.1.5 lakh for the release of Ershad Khan, the phone call summaries of the petitioners with the arrested accused produced by the learned Advocate General during the course of arguments prima facie prove that the petitioners had contacted the accused person, particularly Ershad Khan, his father Md. Zahaya Khan and Md. Islauddin. Thus, the prosecution has prima facie established the involvement of the petitioners with the crime," the Court remarked.

Significantly, the Court noted that the alleged act of the petitioner correlates to the old adage which says "as if the fence itself grazed the crop". Such types of police officers cannot be extended any relief and they will have to face the criminal case and its consequence, the Court further emphasized.

Denying him bail, the Court also noted that in the State of Manipur drug smuggling is alarming and that despite an announcement made by the Chief Minister of the State calling for complete eradication of drugs in the State by asking those who were all involved in the drug trafficking to come out voluntarily and surrender for the safety of their families and themselves, the menace was increasing.

"Day in and day out, news appears in the newspapers qua possession of narcotics and psychotropic substances and its seizure from the accused and their arrest by the special team. In the history, the State of Manipur is called as jewelled land/Kangleipak or Meeteileipak. In such a beautiful State, the illegal acts of transporting, smuggling and selling the narcotic drugs is being done by the accused persons which has a drastic affect on the society at large and such illegal possession/transportation/smuggling, apart from selling, of narcotic drugs is to be eradicated in the State," the Court further remarked.

Consequently, in order to ensure that the State is freed from selling/transporting/smuggling ganja, brown sugar, heroin, and other narcotic substances by the persons, apart from the existing special team, the Court directed the Government of Manipur to:

- Constitute a Special Committee headed by a Senior IPS officer for monitoring the drug cases at the State Level,

- Formation of Sub-Committees at District Level in the State headed by the Superintendent of Police to weed out drug-peddling.

Case title - Md. Tamijur Rahaman v. The Officer-in-Charge, Lilong Police Station, Manipur and others

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