The special public prosecutor of ND&PS court, Manipur had submitted the grounds of appeal to the public prosecutor (District), government of Manipur vide her memo no NDPS/SLPP/2020/04 on December 21, said a representation submitted by them.
TFM Report
Four days after the Special Court (ND&PS) Manipur had acquitted former chairman of Autonomous District Council (ADC) Chandel Lukhosei Zou in multi-crore drug seizure case, the special public prosecutor of ND&PS court, Manipur had submitted the grounds of appeal to the public prosecutor (District), government of Manipur vide her memo no NDPS/SLPP/2020/04 on December 21, 2020, said a representation submitted by women CSOs on Friday.
According to the representation signed by representatives of All Manipur Women’s Social Reformation and Development Samaj, Thoubal IMA, AMKIL, THANIL, Tammi Chingmi, Khwairamband Nupi Keithel Semgat Sagat Lup, Nongpok Leingak Apunba Nupi Lup, Apunba Nupi Lup Bishnupur, NIMPAL, Meira Paibi, and EECHAL, grounds of appeal given by the special public prosecutor of ND&PS court, Manipur are:
1. Mandatory provisions under Sections 41/42/50/57 have been complied as per the findings to the special judge. Hence all the accused ought to have been convicted.
2. The 1.918 Kg of Heroin Powder was produced before the court which was stated in the oral evidence of PW No 3 (S1 Ph Bulbul Singh) on 31/01/2019. Hence there is no discrepancy in the parent exhibits marked “E”, “F” and “G”.
3. The amount of Rs 42,00,000 seized from the possession of accused Lawrence Zou should have been confiscated and forfeited by the state government as the accused No 5 (Lawrence Zou) totally denied about the seized money during his examination under 313 CrPC and even during final argument, it was totally denied by the defence counsel B Bimaljit Sharma in spite of repeated questioning by the special judge in the open court on 03/12/2020.
4. All the exhibited seized contraband articles were intact, packed and sealed while producing before the court during trial. It was produced before the court on every hearing and it was produced more than eight times. The packed and sealed exhibited seized contraband items were opened before the court in presence of the special judge, defence counsels and myself.
5. The special judge failed to appreciate the documentary evidence placed before the court by the prosecution.
6. All the accused had the culpable mental state of mind and conspired to do the illegal drug business together and they all had the conscious knowledge and clearly falls within the ambit of S 35 and S 54 of the ND&PS Act. All the accused did not produce any defence to prove their innocence. All of them ought to have been convicted.
“If the Government is honest to its own slogan of “War on Drug”, we see no reason why it should hesitate to move the appeal to the Hon’ble High Court on the above stated grounds alone. We, the women groups, as forerunner of the movement against Intoxicants, earnestly request you to act without any further delay to save the generation from the scourges of drugs,” the representation said
The representation further said the trial and investigation of the case might seem to be tempered with as there were:
1. Strong pressure from the political heavy weights,
2. Attempt to remove charge sheet by senior lawyer and police officer,
3. Jumping the bail by Lukhosel Zou,
4. Alleged kidnapping of Lukhosei Zou by a Myanmar-based armed outfit,
5. Losing of sample from NAB Malkhana,
6. Frequent transfer of supervising officers, investigating officers, public prosecutors, judges, etc.
“Even though the case is between the government of Manipur and the accused persons, the consequences of the outcome are severely affecting the youth in particular and the society at large. It is the responsibility of the state government to appeal to a higher court,” it asserted.
Copies of the representation were also submitted to the Union Home Minister of India; governor of Manipur; leader of opposition, Manipur Legislative Assembly; members of parliament (Rajya Sabha, Lok Sabha (Inner Manipur and Outer Manipur); and members of Legislative Assembly.
Denied meeting with CM, women CSOs try to storm into chief minister’s secretariat
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Speaking to media persons, All Manipur Women’s Social Reformation and Development Samaj president Th Ramani lamented that the chief minister N Biren Singh did not meet with them. “We went there to have a discussion on drugs related issues, not to fight,” she said.
She also said that the chief minister’s office assured to inform them when the meeting would take place. Further courses of action will be planned accordingly, she added.
She also slammed the chief minister who recently urged Meira Paibi to focus more on economic activities since the human rights abuse by the security forces have stopped. “Meira Paibis have been engaging in economic activities all along while taking upon the social responsibilities”, said Ramani, adding drugs are killing more than guns.