Acquittal of Lhukhosei Zou in drug case
HC tells State to file counter affidavit on prayer
Source: The Sangai Express
Imphal, March 20 2021:
The High Court of Manipur has directed the Government of Manipur to file a counter affidavit against a prayer seeking an appeal against the recent acquittal of Lhukhosei Zou in the 2018 multi-crore drug haul case.
The High Court gave the direction to the Government to file the counter affidavit returnable by March 26 while hearing the prayer sought by four appellants who are members of The 3.5 Collective, said the organisation in a statement today.
During the hearing, the Court heard the counsel of the four appellants, M Gunedhor who submitted that the appellants filed the petition seeking special leave to appeal the judgment and order of the ND&PS Court on December 17, 2020 which acquitted Lhukhosei Zou and six other accused persons in the 2018 case.
Notably, former ADC (Autonomous District Council) Chairman Lhukhosei Zou and seven others were arrested on June 20, 2018 in a drug haul case.
Reportedly 4.5 kg heroin and 28 kg World is Yours (WY) Amphetamine tablets, worth Rs 13.7 crore and Rs 14 crore respectively in the international market along with cash worth Rs 57,18,000 were recovered in the case.
During the hearing on March 19, The 3.5 Collective said that the Court directed the petitioners "to take notice and private notice" to seven respondents returnable by March 26, 2021 .
H Samarjit, the Public Prosecutor who took notice for the 8th respondent (State of Manipur) sought time to file the counter affidavit and hence the State was given time and directed to file the affidavit returnable by March 26 .
In the special leave application, the petitioners through their counsel stated that they were persons fighting for social cause where the rights, life and liberty of persons are infringed and affected.
They are also widely engaged in fighting against the menace caused by drug cartels, crime syndicates which are the biggest suppliers of drugs and they are also engaged in the rehabilitation of drug users and victims of drug abuse.
They are socially conscious members to espouse a social cause by seeking judicial justice for redressal of public injury.
The petition added that the four appellants are members of The 3.5 Collective, which is a coalition of civil society groups and individuals striving to achieve the UN Sustainable Development Goal number 3, target number 5, which is to strengthen the prevention and treatment of substance abuse, including narcotic drug abuse and harmful use of alcohol.
The petition mentioned that The 3.5 Collective has petitioned various authorities including the Prime Minister of India, Chief Minister N Biren Singh with more than a thousand signatories and the Special Secretary (Home) Government of Manipur requesting them to appeal against the "impugned" judgment, but no action is seen initiated toward this direction till date.
The petition also noted that the Special Public Prosecutor of ND&PS Court, Manipur had also submitted the "Grounds of Appeal" to the Public Prosecutor (District), Government of Manipur vide Memo no NDPS/SPLPP/2020/04 dated December 21, 2020 against the "impugned" judgment and order dated December 17, 2020 passed by the Judge, Special Court, (ND &PS) in the special trial case number 100 of 2018.However, no action is seen initiated toward this direction till date.
The appellants approached the Court aggrieved by the "impugned" judgment and order of the Special Court, (ND&PS) acquitting accused persons and the failure of the State to appeal the case in a higher Court, said the petition.
The petitioners prayed the High Court to grant special leave to appeal the December 17, 2020 judgement and order of the Special Court (ND&PS) in the interest of justice, said The 2.5 Collective.
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