HC cancels bail granted to drug dealer
Source: The Sangai Express
Imphal, January 30 2026:
A Special Bench constituted by the Chief Justice, High Court of Manipur has suspended a bail order passed by CJM Churachandpur on January 29 for releasing Letminthang Haokip who was arrested along with 36.054 Kgs of opium on January 28, 2026 at 2 pm near Bethesda School of Nursing, Khokon village, Churachandpur.
The Special Bench has directed that the accused be remanded in police custody and produced before ND&PS Court, Churachandpur on February 2 for further proceedings.
A cril review petition was filed by the State of Manipur as petitioner against Letminthang Haokip as respondent and the matter was taken up by the Chief Justice, High Court of Manipur through a Special Bench.
Advocate General and PP of the State submitted that the petitioner was aggrieved by an order passed by the CJM, Churachandpur on January 29 which released Letminthang Haokip on bail.
The accused was produced before the CJM Churachandpur on January 29 at 1 pm with a prayer for remanding him in police custody for eight days.
However, relying on the decision of the Supreme Court in the case of Mihir Rajesh Shah vs State of Maharashtra & Anr, reported as (2025) INSC 1288: Criminal Appeal No.2195 of 2025 to the fact that the ground of arrest in writing was not intimated to the arrestee, the accused was released on bail.
In para 2 of the (bail) order, it is recorded that the IO submitted that the ground of arrest was communicated orally but the same was not furnished to the accused in writing.
In the circumstances, the accused was released on bail and in the event of inability to furnish requisite bond, he was remanded in judicial custody for 15 days.
The Advocate General submitted that the CJM Churachandpur wrongly recorded that the ground of arrest was not furnished in written to the accused and this is factually incorrect.
During the course of hearing, the Advocate General also shared a screenshot of a document which furnished the ground for arrest to the accused through his wife and it was duly acknowledged on January 28, 2026 .
It was spelled out that the accused was arrested for unauthorized possession of contraband substance.
AG also pointed out that the CJM failed to appreciate the information about the reason of arrest furnished to the accused through his wife.
It is submitted that the ratio of the Honb'le Supreme Court judgement in the case of Mihir Rajesh Shah (supra) will not be attracted.
Another ground raised by the AG was that the CJM has no power to release the accused on bail in violation of Section 37 of the NDPS Act.
AG further submitted that the impugned order passed on January 29 be stayed as the same has been passed on non-appreciation of the fact that the ground of arrest was furnished to the accused through his wife and his wife acknowledged it by putting thumb impression.
Later, the Special Bench suspended the order passed by the CJM Churachandpur on January 29 and remanded the accused in police custody till February 2, 2026 .
The Special Bench also directed police to produce the accused before the Special Judge (NDPS), Churachandpur on February 2, 2026 for further proceedings and the Special Judge may pass appropriate order as per rule, notwithstanding the pendency of the present petition before this Court (Special Bench) .
It was clarified that the present petition is confined to examine whether the written ground of arrest was furnished to the accused or not.
Pendency of the present case shall not affect the proceeding before the Special Court (NDPS), Churachandpur in connection with the present FIR .
The Court also called for a photocopy of the complete record of the first remand proceeding before the CJM, Churachandpur and listed the case on February 16, 2026 for further proceedings.
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