Case of Lhukhosei Zou : HC dismisses appeal against acquittal
Source: The Sangai Express
Imphal, April 30 2021:
A single bench of the High Court of Manipur yesterday dismissed an appeal against the judgment of ND&PS Court which acquitted seven accused persons including Lhukhosei Zou in the 2018 multi crore drug seizure case.
The appeal was dismissed by the Court of Justice MV Muralidaran yesterday after the final hearing on April 26.The appeal was jointly filed by Maibam Jogesh of Singjamei Chingamakha, Geetchandra Magang of Lei Inkhol Chingmeirong, Ramthing Hungyo of Ngarumphung village and Babloo Loitongbam of Kwakeithel Thiyam Leikai, all members of the 3.5 Collective.
Notably, Special Judge ND&PS had acquitted Teresa alias Nengboi Ngaite, Ester Vungheinuam, M Lawrence Zou, Lhukhosei Zou, Sianzathang Zou, Niangkasuna Zou and Pausuanlam Zou on December 17, 2020.The ND&PS Court had convicted two accused persons in the case.
During the hearing yesterday, the Court observed that the leave sought to file an appeal against the judgment if granted would be a dangerous doctrine and would cause utter confusion in the criminal justice system.
Further, the petitioners have failed to produce any authoritative pronouncement of the Highest Court to show that they are entitled to seek special leave to appeal against the acquittal.
The Court also observed that the law does not permit private individual like the petitioners, who are not victims or informants to carry and appeal against the acquittal.
Likewise, the organization like the 3.5 Collective also cannot carry an appeal against the acquittal on the ground that they are fighting for a social cause.
Ultimately it is the State to prefer an appeal against the acquittal passed in the case and the Court cannot force the State to file an appeal against an acquittal, the bench said and dismissed the appeal case.