'Only drivers are held, never the kingpin'
Source: The Sangai Express
Imphal, August 23 2025:
Only the drivers are arrested and sentenced.
The kingpin is never prosecuted in Manipur, Justice A Guneshwar Sharma said in a State-level conference at City Convention Centre, Imphal today.
The 2-day conference on ND&PS Act, cyber crime, and three new criminal laws which kicked off today is being organised by the High Court of Manipur, the Manipur State Legal Services Authority (MASLSA), and the Manipur Judicial Academy.
The High Court Judge was speaking about seizures and arrests in cases related to timber smuggling when he made the statement.
While talking about prosecution under Forest Act, Justice Guneshwar said the kingpin is never prosecuted in Manipur due to lack of investigation.
Prosecution under Forest Act is done in a very casual and routine manner.
When a forest product is seized, the accused is usually the driver of the vehicle.
The driver is produced before the Court where he pleads guilty, and on the same day the judgment is pronounced and he is sentenced with a fine, the High Court Judge said.
"The driver may or may not have the knowledge but the kingpin is never prosecuted in Manipur," Justice Guneshwar said.
In case of seizure of timber or illegal forest products, the Forest Department should try to investigate deeper by trying to identify the person behind the driver, he added.
Justice Guneshwar further underlined that any defects in the seizure, search or arrest in ND&PS cases affect the trial.
In Manipur, most of the arrests in ND&PS cases are done by the Army, Assam Rifles, CRPF, CISF and BSF etc.
Therefore, the members of the Central security forces have been invited to the conference to make them aware of the precautions to be taken at the time of search, seizure and arrest in ND&PS cases, he said.
High Court of Manipur Chief Justice K Somashekar, who attended the conference as the chief guest said Judicial officers are not Government servants and they exercise sovereign power as Judges of the Court.
"The Judicial officers are the Constitutional authority and thus they should be very cautious in dispensing their duties.
They discharge their duties as an agency of God," Somashekar said.
He stressed that the law enforcement agencies and the Judicial officers must be extremely careful and cautious not to arrest and put in jail innocent persons due to negligence on their part.
Justice A Bimol Singh said that the criminal justice system is often described as the bedrock of the rule of law, yet it is also one of the most dynamic areas of law constantly adapting to challenges.
The conference will enable close examination of the laws, he added.
On the ND&PS Act, Justice Bimol said, "It would not be wrong to say that there are instances where ND&PS matters have to be dismissed solely on the ground that the search memo did not record the procedural compliance under Section 50 of the ND&PS Act.
The evidence is there, the intent is clear but there are flaws in the procedure".
It is therefore very important to train investigating agencies and the Magistrates on the strict procedural aspects of the ND&PS Act, he stressed.
Addressing the conference, Justice Golmei Gaiphulshillu, Director, Manipur Judicial Academy stated that the NDPS Act remains one of the most critical instruments in the fight against drug trafficking and substance abuse.
"Behind every seizure there is a story, sometimes of organized crime, sometimes of addiction and sometimes of desperation.
Our approach should be firm on traffickers, but compassionate towards victims.
Rehabilitation, awareness and community engagement must work hand in hand with law enforcement," she said.
Senior officials of the Government, officials of the Law Department, members of MSLSA and officials and personnel of the Police, Customs, Directorate of Revenue Intelligence, NCB, Assam Rifles, CRPF, NIA, CBI, Department of Law, Prosecution, Forest and Forensic etc attended the conference.
Stalls of various Government Departments were opened on the first day of the conference.
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