While denying bail to accused SI Jitendro, Imphal West Sessions court said that toxicology report from CFSL, Kolkata indicated absence of toxics.
Death of Arambam Nanao Singh, 35, who allegedly died while in police custody, was due to ‘Histotoxic Anoxia’ i.e. poisoning of the respiratory enzyme systems of the tissues, said a report from Central Forensic Science Laboratory (CFSL), Kolkata.
The matter came to light during a hearing at Imphal West Sessions Court to consider whether the accused Sub Inspector of Police Thokchom Jitendro will be allowed to be released on bail in connection with the above referred FIR case or not.
However, while denying bail, Imphal West Sessions Judge A Guneshwar Sharma said that toxicology report from CFSL, Kolkata indicated absence of toxics.
The case was first heard on 30 June 2022. One of main grounds in the bail application is that the deceased died of consuming some substance suspected to be acid. Further hearing was adjourned awaiting a report from Central Forensic Science Laboratory, Kolkata. After receipt of the report from CFSL, Kolkata, the bail application was heard again on 29 July 2022.
The bail rejection order was announced in open court on 10 August, 2022.
An FIR case was registered on 03 May 2022 following a report by the deceased’s mother Arambam Kombirei Devi (60) w/o late A. Dhananjay Singh, of Sagolband Kangabam Leikai, IW, Manipur.
She reported that her son Arambam Nanao Singh was abducted by three/four unknown persons in civilian dress, who came in a car. One of them identified himself as SI Jitendro, who came in a white Activa, and asked her to come to Imphal Police Station, she said.
As per the FIR, Kombirei had met SI Jitendro at @ 1.30 pm after a long wait and he said that Nanao will not be relieved unless Rs. 5 lakh is paid by 4.00 p.m. of the same day. She was made to sign on a piece of paper stating that her son has been arrested in a case and served her a copy.
The FIR further said while managing to settle the matter, the police team brought her son to her residence at 4.00 pm and took him to his room. “No family members were allowed entry into the room by the team. After a while, Nanao was brought out of his room in an unconscious state, it added.
Later, he was rushed to RIMS Hospital by two police personnel (one in uniform and one in civil dress) along with her son Arambam Manju Singh and Sanabam Nilakanta Singh in a four-wheeler car of Nilakanta. However, he expired at RIMS Hospital despite medical treatment, said the FIR.
During the bail hearing, the counsel for petitioner SI Jitendra submitted that Nanao was arrested in connection with GD No 30/1PS/2022 dated 01/05/2022 after one Kangabam Jacky lodged a report to IPS against him, alleging that he had misappropriated 15 tulas of gold worth Rs 9,60,000.
The petitioner counsel also submitted that the deceased Nanao was brought to his home for recovery of gold under Section 27 Evidence Act. His death was due to consumption of some substance suspected to be acid (tejab), he added.
SI Jitendra submitted through his counsel that the investigation is biased against him and other co-accused persons have not been arrested by the police. He has been in custody for more than 90 days and if the Manipur Amendment in Section 167 CrPC is not there, he could have been released on default bail.
However, the public prosecutor submitted that neither there is a registered FIR case with regards to the alleged report submitted by Kangabam Jacky nor GD entry in the register. The alleged recovery under section 27 Evidence Act will be done only after registering a FIR case.
He asserted that Nanao died while in the custody of SI Jitendro and the final autopsy report indicates “No toxic could be detected” as such theory of consuming acid is not established.
The public prosecutor also submitted that from the materials on record as disclosed by police report, it is clear that the death was due to misuse of police power and investigation is in progress. He prayed that the bail application may be rejected.