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Heard Mr. Y.S. Mannan, learned counsel appearing for the petitioners. Also
heard Ms. M. Deka, learned Standing Counsel, DRI.
2. This is an application under Section 439 of the Code of Criminal Procedure,
whereby the petitioners, namely- (1) Shri Lenminthang Kipgen, (2) Shri Haolenthang
and (3) Smt. Lhingneikim who are facing trial in NDPS Case No.150/2023 pending in
the court of the learned Sessions Judge, Kamrup(M) at Guwahati.
3. On 02.04.2023, the three petitioners were coming from Manipur to Guwahati in a
car bearing Registration No.AS-01-AW-4035. The car also carried 1376.73 grams of
heroin valued at ₹9,63,71,100/-. At about 1900:00 hrs., the seizure was made near
Gorchuk at National Highway No.37, Kamrup(M), Guwahati in presence of two
independent witnesses. The petitioner Shri Lenminthang Kipgen was driving the
vehicle. The petitioner Shri Haolenthang was sitting by the side of the driver Shri
Lenminthang Kipgen. The other petitioner Smt. Lhingneikim was sitting on the rear
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seat. Shri Lenminthang Kipgen confessed before the DRI officials that the contraband
drugs was kept in 100 numbers of soap cases, which were kept concealed in a
specially made chamber below the rear seat of the car. Accordingly, the contraband
was recovered.
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