KHOIROM Digitally signed by
KHOIROM
IN THE HIGH COURT OF MANIPUR
BIPINCHAND
BIPINCHANDRA SINGH
Date: 2024.03.01
RA SINGH AT IMPHAL
17:48:03 +05'30'
BAIL APPLICATION NO. 2 OF 2024
Shri Lunkhongam Haokip, aged about 40 years S/o Janglet
Haokip, resident of Langkhong near Ikou village, P.O. & P.S.
Saikul, Kangpokpi District, Manipur 795145.
–
Petitioner
….
- Versus -
1. The State of Manipur represented by Commissioner
(Home).
2. The Officer-in-Charge, Narcotic & Affairs of Border PS
Manipur, Imphal.
Respondents
….
B E F O R E
HON’BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU
For the petitioner : Mr. Tungrei Ngakang, Advocate
For the respondents : Mr. Samarjit Hawaibam, Public Prosecutor
Date of hearing : 16.02.2024
Date of order : 29.02.2024
O R D E R
(CAV)
[1] Heard Mr. Tungrei Ngakang, learned counsel appearing for the
petitioner and Mr. Samarjit Hawaibam, learned PP appearing for the
respondents.
[2] The petitioner was arrested on 15.10.222 by the personnel of
NAB PS, Manipur, Imphal from Pukhao Terapur near Dolaithabi Dam, Imphal
East District, Manipur at about 02:00 pm from his possession of 2.040 Kg
(approx.) of brown sugar and on the same day an FIR being FIR No. 37 (10)
Bail Application No. 2 of 2024 Page 1
2022 NAB-PS U/S 21 (c) ND & PS Act was registered. Charge sheet was filed
against the petitioner and the petitioner is facing trial before the Ld. Special
Court ND & PS, Manipur with reference to the FIR aforementioned.
[3] The petitioner filed a bail application being Cril. Misc. (B) Case
No. 273 of 2023 on medical ground before the Ld. Special Court ND & PS,
Manipur. In this connection, the medical officer of the Manipur Central Jail,
Sajiwa submitted medical report, wherein it has been found that the
petitioner has the history of treatment of piles, tuberculosis and chronic
tonsillitis. He complained of back pain and abdominal pain with disturbed
bowel ad weakness of lower limbs. Further, on 22.11.2023 the medical
officer examined the petitioner and the petitioner has tenderness in the
lower lumber spine and was given symptomatic treatment for the said
medical condition by prescribing some medications. According to the medical
officer, the petitioner requires X-Ray examination of his lumber spine, but
the said facility is not availale at the M.I. room, Manipur Central Jail Sajiwa.
Further, the medical officer stated to the effect that only after getting the X-
Ray report, it can be ascertained as to whether the petitioner has life
threatening medical condition.
Vide order dated 04.12.2023, the Ld. Special Judge (ND & PS),
Manipur informed the SP, Manipur Central Jail, Sajiwa to provide all the
necessary and proper medical facilities (including X-Ray examination of the
Lumber Spine of the accused and other feasible routine investigations) to the
accused at the earliest and submit a report on or before 15.12.2023 and the
application was rejected and disposed of.
[4] As per the report submitted on 14.12.2023 after disposal of the
case, the medical facilities including X-Ray examination could not be
obtained as the petitioner belongs to kuki community and it will be
vulnerable to his life if he is taken to JNIMS/RIMS hospital for treatment due
to present law & situation in the State. Despite taking medicine as advised
by the doctor, since there is no relief in his health condition, immediate X-
Bail Application No. 2 of 2024 Page 2
Ray examination is required, but the same is not possible while is in judicial
custody.
Accordingly, the instant bail application has been filed under
Section 439 of the Cod of Criminal Procedure Code, 1973 read with Section
37 of the ND & PS Act for releasing the accused/petitioner on interim bail of
3 (three) months in connection with FIR : FIR No. 37 (10) 2022 NAB-PS U/S
21 (c)/60(3) ND & PS Act so as to get medical treatment outside.
[5] The learned PP filed affidavit-in-opposition stating that the
petitioner was found to be Covid-19 positive and was remanded into judicial
custody for a period of 15 days. After conducting the inventory and sampling
of the seized drugs before the Ld. Duty Magistrate, Imphal East, packed
sample was sent to the FSL Pangei for obtaining expert opinion. Statements
of the complainant and witnesses were also recorded and they corroborated
with the OE of the case.
On 13.01.2023 the expert opinion from FSL Pangei was
received vide report No. 415 CH/2022 giving positive result for brown sugar.
Message was sent to the concerned police stations for tracking out and
cause arrest of the accused persons involved in the case. After complete
investigation, charge sheet was submitted to the concerned Court vide CS
No. 14/NAB-PS/2023 dated 14.02.2023 for prosecution and trial against the
accused person as there has been sufficient evidence for commission of the
offences alleged against him.
[6] The learned PP submits that the medical report does not
suggest any requirement for treatment of the petitioner in a better health
facility or hospital outside the jail. The Special Court (ND & PS), Manipur
further examined the doctor namely, Mr. Amarjit Singh, medical officer of
MCJ, Sajiwa as CW No. 1 in connection with the report dated 22.11.2023
prepared by him. However, the statement of the CW No. 1 does not suggest
any requirement for treatment of the accused/petitioner in a better medical
facility outside the jail. The medical officer also did not exactly said that the
Bail Application No. 2 of 2024 Page 3
accused/petitioner required X-Ray examination on him except suggesting
that he may require X-Ray examination. There is no opinion of the medical
officer that health condition of the accused/petitioner is a serious one. If he
specialized treatment, a specialist can be called from Health Department
through the SP, Manipur Central Jail, Sajiwa. Thus, the accused/petitioner
can receive his medical treatment in the jail.
[7] Further, it has been submitted by the learned PP that the
observation made in the order dated 04.12.2023 is not a direction for
submitting the report for consideration of the bail application of the
petitioner/accused, but the same was direction to the jail authority to provide
health and treatment facility to the accused/petitioner and for submission of
a report for the compliance of the said direction. The same never amounts to
passing order and disposal of the bail application before the required medical
report which had already been considered by the Ld. Special Court and even
the medical officer was examined and only thereafter the order dismissing
the application of the petitioner/accused was passed y the Ld. Special Court.
The said observation of the Ld. Special Court is to ensure that the
accused/petitioner avail of the medical facility and treatment inside the jail
and nothing else.
Vide letter dated 14.12.2023 of the office of the
Superintendent, Manipur Central Jail, Sajiwa, Manipur, the required
investigation report of the accused/petitioner could not be submitted in time
due to prevailing law & order situation in the State. However, all feasible
proper medical facilities and investigation to the accused UTP has been
provided inside the jail. The accused/petitioner can also be given X-Ray
examination inside the jail or any other Government hospital. It does not
clearly show what illness the accused/petitioner is suffering and what test or
examination on the body of the accused/petitioner is required.
[8] On the other hand, the accused/petitioner is alleging that he
cannot be taken outside the jail and bring at JNIMS in the present law &
Bail Application No. 2 of 2024 Page 4
order situation. Security arrangement can be made on the requisition of the
said Superintendent, Manipur Central Jail, Sajiwa to the concerned
authorities for the treatment of the accused/petitioner or taking X-Ray
examination at JNIMS or any other safer facility. Accordingly, the petitioner is
best to be referred to the State medical board for finding out as to whether
he is really suffering from illness or not and whether he can be treated while
remaining in judicial custody or not.
[9] The learned PP further submits that the commission of offence
under ND & PS Act involving commercial quantity of contraband substances,
is a heinous and serious one which has great impact on the society and
nation. There has been ample evidence for commission of the offence by the
accused/petitioner. The contraband substances of commercial quantity were
seized from the possession of the accused/petitioner while he was trafficking
the same to sell. It has also held by
the Hon’ble Apex Court that bail cannot
be granted on mere ground of illness and when there is no serious illness
which cannot be treated while in judicial custody.
[10] After hearing both the learned counsels at length and also after
perusal of the application with counter affidavit and documents filed by both
the learned counsel for the parties and the rulings submitted by both the
learned counsels in support of their cases, it is emerged that the accused
was arrested on 15.10.2022 and since his arrest, he is languishing in jail till
date. The seized articles from the possession of the accused is weighing
about 2.042 Kg. and also that charge sheet is filed and also that the accused
is not well and as per the report submitted by SP Jail, the accused needs to
take X-Ray examination of lumber spine and other routine investigation but
this medical facility including X-Ray examination could not be obtained inside
the jail as there is no such facility inside the jail and the accused could not
be given this facility outside the jail as the petitioner belongs to Kuki
community as it will be vulnerable to his life if he is taken to JNIMS/RIMS
hospital for treatment due to present law & order situation.
Bail Application No. 2 of 2024 Page 5
But, on perusal of the report of the medical officer, it does not
indicate that the illness of the accused is that of life threatening.
[11] In the facts and circumstance and the gravity of the alleged
offences (the quantity of the seized contraband drugs), the present
application filed by the petitioner is rejected.
However, liberty is given to the petitioner to file fresh
application, if as and when there is new development regarding his health
before the concerned Court.
JUDGE
FR/NFR
Bipin
Bail Application No. 2 of 2024 Page 6