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HC upholds NDPS Special Judge’s order on release of poppy seeds

Nagaland News

DIMAPUR, NOVEMBER 4: The Kohima Bench of Gauhati High Court has upheld the order passed by the Special Judge, NDPS, Dimapur, rejecting the petition for release of 1638 Kgs of poppy seeds seized in connection with Medziphema P.S. Case No. 0014/2022 corresponding to GR No. 440/2022.
The case relates to seizure of the 28 bags of poppy seeds weighing 1638 kgs by the 7th Assam Rifles Battalion after intercepting a truck at Kukidolong on July 3, 2021 and arrested the petitioner, Dipankor Barhy and booked under Section 18(b) NDPS Act, 1985 read with Section 34 IPC.
During the hearing, Counsel for the petitioner Sentiyanger submitted that that the seized poppy seeds are not an illegal contraband item under NDPS Act but a popular culinary item. He also submitted that the petitioner/accused is the owner of the poppy seeds.
The status report of the police stated that the petitioner/accused was asked by two persons to transport some bags/sacks containing masala for a commission of Rs. 10,000 as transporting fees and when the goods were transported the vehicle was intercepted and the concealed poppy seeds were seized by the Assam Rifles and handed over to the police.
Public Prosecutor K Angami submitted that as per the police report it is clearly revealed that the petitioner/accused is not the owner of the poppy seeds and it belong to some unknown person, who is not before this Court for reasons unknown.
After hearing both parties, the Court was of the view that the seized contraband (poppy seeds) does not belong to the petitioner/accused but to some unknown person who is not before this Court, and therefore rejected the petition for its release.
The Court, however, made it clear that the sale proceeds of the contraband (seized poppy seeds), which is a perishable item shall be deposited in a Nationalized Bank Account opened in favour of the Special Judge, NDPS, Dimapur, till further orders or till the disposal of the case.
(Page News Service)