Citing CBI vs Vishal Mishra, the prosecutor maintained that days lost to illness should not be counted as part of the police custody period. The state also questioned the qualifications of the attending doctors and requested their examination in court if bail is to be considered.
TFM Report
More than a week after Manipur police busted an alleged inter-state arms smuggling network and arrested four suspects, the accused continue to remain in police custody amid mounting health-related delays. Police have not been able to carry out full interrogation or produce the suspects before the court due to their reported hospitalisation.
On June 24, the Manipur police cracked down on the alleged inter-state organised gang of arms smugglers arresting four members.
The four arrested individuals — Sinam Somendro Meitei alias Pankhei alias Richard (43), Lanchemba Nongthomba (24), RK Abothe Singh alias Rohit (33), and Bishwanath Thokchom (21) — were apprehended on June 24 in a coordinated intelligence-led crackdown across different locations in Imphal. The gang was allegedly operating a clandestine arms supply chain in and around the capital city.
According to police, a significant cache of arms and ammunition was seized from their possession, including: Multiple high-end pistols: Smith & Wesson, Sig Sauer, Glock, JD Taurus, Falcon, Keltec, Beretta Hundreds of rounds of live ammunition; Wireless handsets and mobile phones.
Despite the serious nature of the crime, the investigation seems to have been stalled. All four accused have remained hospitalised since their initial remand, citing medical complications. The court has extended their police custody three times — first on June 24, then again on June 30, and most recently on July 4 — as the accused could not be produced physically for hearing.
Sinam Somendro Metei alias Pankhei alias Richard hails from Thangmeiband, Imphal West district, and is an alleged member of an armed outfit, said the police.
Lanchemba Nongthomba hails from Nongmeibung Ayangpali, Imphal East district, RK Abothe Singh alias Rohit hails from Singjamei Chirom Leikai, Imphal West district, and Bishwanath Thokchom hails from Kongpal Mutum Leikai, Imphal East district.
From their possession, police recovered incriminating articles, arms and ammunition.
The items recovered include:
1) one Smith & Wesson 9 mm Pistol along with 2 magazines and 24 rounds of ammunition
2) one Smith & Wesson 9 mm along with one magazine containing 10 rounds of ammunition
3) Sig Sauer Pistol 9 mm with one magazine and 15 rounds of ammunition
4) one Glock 19 with 2 magazines and 28 rounds of ammunition
5) one JD Taurus Pistol 7.65 mm with one magazine and 8 rounds of ammunition
6) one Falcon Cal 7.62 mm along with one magazine and 9 rounds of ammunition
7) M-20 Falcon Pistol along with one magazine
8) Keltec Pistol .32 mm with 2 magazines and 15 rounds of ammunition
9) one Beretta Pistol with one magazine and 2 rounds of ammunition
10) one Glock Pistol .32 with one magazine
11) 159 bullets of .32 mm
12) 3 mobile phones, and
13) Four wireless handsets
During an hour-long remand hearing before the Chief Judicial Magistrate (CJM), Imphal East, on Thursday, the state prosecutor argued that no effective police custody has taken place due to the medical condition of the accused. Citing CBI vs Vishal Mishra, the prosecutor maintained that days lost to illness should not be counted as part of the police custody period. The state also questioned the qualifications of the attending doctors and requested their examination in court if bail is to be considered.
The accused persons were arrested in June 24 and their police custody was given. However, as per submission of the state prosecutor, all the accused persons are hospitalised for medical treatment and the investigation cannot be done even during police custody.
Before the court, state prosecutor cited SC case law of CBI vs Vishal Mishra where it was held that the number of days of illness during police custody will not counted as police custody.
And, also prayed the court that whether the doctor were qualified enough to give opinion on the matter and they should be examined in the court if bail is considered on the medical ground.
In that counsel of the accused raised the health issues by all the accused persons and danger their life due to Covid and other possible complications.
On June 30, the CJM, Imphal East inspected the health conditions of the accused at public hospital and JNIMS hospital. In such, state prosecutor appealed the court that a state medical board be formed to determine the health status of the accused persons by enlisting members from various agencies. Moreover, arm licensed details of Gun Houses requisitioned from joint secretary (home) to validate the arms sale is still awaited.
After hearing the submission from state prosecutor and counsels of the accused persons and by physically visiting the accused persons in the hospital, the CJM granted the further police custody for all the accused persons.
Police interrogation so far has revealed that the accused may be connected to a wider arms supply chain involving a suspect named Anil, allegedly residing in a relief camp in Churachandpur. According to police, Anil had handed over a Glock 30 pistol to Bishwanath Thokchom, owner of Nongthongbam Gun House, who then facilitated its movement through the other accused. Anil remains absconding.