no material available to show abetment and criminal conspiracy

2021 CRI. L. J. 19

AIROnline 2020 Mpr 59

(MANIPUR HIGH COURT)

Sei Minthang Touthang v. Officer-in-Charge,Manipur. 

Bail Appln. No.- 9 of 2020, 

D/20-8-2020.

Criminal P.C. (2 of 1974), S. 439 - Narcotic Drugs and Psychotropic Substances Act (61 of 1985), Ss. 37, 18(b), 28, 60(3) · Bail - Allegations of illegal possession of contraband -Accused arrayed as he was driving the van — No opium seized from accused by Investigating Officer or other police officers - Prima facie, no material available to show abetment and criminal conspiracy Alleged quantity so recovered from him is to be proved and deter- mined only after full fledged trial - Pros- ecution failed to establish unauthorised possession, purchase, selling and transpor- tation and abetment to buy contraband opium by accused Accused persons are in custody for almost five months and best part of investigation is almost over - No - criminal antecedent of accused persons- Co-accused is in advanced stage of preg- nancy Bail granted with conditions. (Paras 19, 21, 22, 24, 25, 26)