Special public prosecutor of ND&PS court Koshia Mao, who fought the 2018 multi-crore drug seizure case on behalf of the government, felt that all the accused ought to have been convicted. She urged the government to approach a higher court against the verdict. The state government remained silent and non-committal.
TFM Report
The Manipur government led by Chief Minister N Biren Singh, it seems, has decided not to pursue the controversial Lhukhosei Zou drug cartel case further despite the failure to bring all the charge-sheeted accused to justice. However, special public prosecutor of ND&PS court Koshia Mao, who fought the case, urged the government to approach a higher court against the verdict.
Furnishing extract copy of judgement and order given by the ND&PS court on December 17 acquitting the seven accused, including former ADC chairman of Chandel Lhukhosei Zou in 2018 multi-crore drug seizure case, the last special public prosecutor of the case placed certain grounds of appeal for further necessary action before the public prosecutor (District) government of Manipur. She felt that all the accused ought to have been convicted.
At present, many civil organisations are crying foul and questioning the integrity of the state government regarding the high profile drug case and why the state government is refusing to take the legal fight to a higher court. They have been staging sit-ins demanding the BJP-led government to reinvestigate and file an appeal in a higher court against the judgement. They have reached out to all political leaders belonging to both the ruling and opposition parties to solicit support to their demand. They have submitted representation to ministers, MPs and MLAs. They have submitted the same representation to the Manipur Pradesh Congress Committee chief K Govindas Singh against the apathy shown by the BJP-led government.
They have abortively attempted to meet the chief minister to put forth their demand. However, the chief minister who pitches for war on drugs at every gathering snubbed and refused to meet them so far.
The incident in a nutshell as per the case documents state that a drug cartel was being operated from Myanmar till Assam and Manipur is a main transit point. Members of the Zou family take drugs at half rate from Myanmar and some are in charge of transportation from there till Silchar. The main transporter, who was able to ferry drugs freely owing to his political status of having escort and a flag post vehicle, was BJP and ADC chairman Lhukhosei Zou. During transit, nearly 2 lakh tablets were seized from Zou’s quarter located at Lamphel by ASP Brinda and her team.
During the course of the case, Y Rother Singh, then the ND& PS judge lodged a complaint against a senior advocate Chandrajit Sharma for trying to take back the charge sheet of the case. In his complaint, Rothar had noted that Chandrajit and SP Jogeshchadra might have been acting at the behest of vested political interest.
Following his complaint, an inquiry committee was set up by the Bar Council of Manipur. Rothar was suddenly transferred. However, more than one year has elapsed, the inquiry of the Bar Council seems to have been put into cold storage. In the meantime, the original samples of the seized drugs mysteriously vanished from the NAB malkhana, for which Inspector Rishikesh and Inspector Chandrakumar are still placed under suspension. There is no result of that inquiry of the disappeared remnants.
Later, judge Noutuneshwari filled up the bench, the trial continued and a fracas occurred when ASP Brinda allegedly pointed the middle finger in protest during a prosecution witness examination. The state government afterwards transferred Brinda to a sedentary posting. Later, the state took up several cases against her of which she is fighting at present. She was even detained by police for breaking COVID protocol in the middle of the night. A criminal contempt case was taken up by the high court suo moto against her.
In a counter affidavit, Brinda charged the chief minister and others of conspiring to free Lhukhosei Zou and named many high profile individuals. This case is also pending at court still. Afterwards, judge Noutuneshwari recused herself from further hearings and requested that another judge be deputed in her place except for Yumkham Rothar.
Then, judge W Tonen Meitei stepped in and acquitted Lhukhosei Zou and others in a 147 pager judgement. He threw the book at the driver of Lhukhosei Zou and another cartel operative pronouncing a sentence of 15 years of rigorous imprisonment for both.
During the course of the case two judges and three prosecutors were transferred. The last prosecutor, Koshia Mao felt that all the accused should have been convicted and urged the district legal hierarchy to go for appeal in High Court. She said that all prosecution was handled under the provisions of the law along with documents and oral testimony, plus with the drugs which are still intact. She felt that all the accused should be held liable including Lhukhosei Zou. So far, the state government remained silent and non-committal.