National Investigation Agency v. Yamthong Haokip

ORDER (ORAL)

Sanjay Kumar (C.J.):

19.01.2023.

[1]

By way of these miscellaneous cases, the National Investigation Agency seeks condonation of the delay in presenting appeals against zima orders passed by the learned Special Judge (NIA), Manipur. [2]

MC (Crl.A.) No. 26 of 2020 relates to the belated appeal filed against the order dated 14.01.2020 passed in Cril. Misc. (Z) Case No. 29 of 2019. The delay in the filing of this appeal is stated to be 22 days. [3]

MC (Cril.A.) No. 27 of 2020 relates to the belated appeal filed against the order dated 14.01.2020 passed in Cril. Misc. (Z) Case No. 31 of 2019. The delay in the filing of this appeal is also 22 days. [4]

Both these miscellaneous cases were filed during March, 2020, but no steps were taken to get them listed till July, 2020. Notice was ordered to the respondents in both cases on 10.07.2020. Mr. H. Ishwarlal, learned senior counsel, appears for the respondent in MC (Crl. A.) No. 26 of 2020, while Mr. Ch. Ngongo, learned counsel, appears for the respondent in MC (Cril. A.) No. 27 of 2020. [5]

Perusal of the docket orders passed in both the miscellaneous cases reflects that the matters did not surface again after 10.07.2020, till September, 2021. Though the delay in the filing of the two appeals is not substantial, being a mere 22 days, this Court is informed that the orders under appeal have already been acted upon long ago and the amounts directed to be released by the learned

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Special Judge in both the zima applications have already been appropriated by the respondents. [6]

Be it noted that the release of these amounts was secured by zima bonds along with individual sureties for the full amount. The surety in each case, as per the orders under appeal, has to be a Government employee of the State being of the rank of a Gazetted Officer. [7]

Given the passage of time and the fact that the released amounts are duly secured, this Court find no grounds to entertain these belated appeals at this late stage and adjudicate them on merits.

MC (Cril. A.) No. 26 of 2020 and MC (Cril. A.) No. 27 of 2020 are accordingly dismissed. In consequence, the two unnumbered Criminal Appeals shall stand rejected.

JUDGE

CHIEF JUSTICE Sapana

Page 1 Item No. 7 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC (Crl.A.) No. 26 of 2020 National Investigation Agency, Ministry of Home Affairs, Government of India, New Delhi, represented by the Chief Investigation Officer (CIO), National Investigation Agency, Branch Office, Guwahati, Assam, Camp Office Imphal, Type VI, Quarter G-1, Lamphel Officer Colony, Lamphelpat, P.O. & P.S. Lamphel, Imphal West District, Manipur-795004. Appellant Vs. Smt. T. Wonshimla, aged about 34 yrs, W/o Shri Paosat Haokip of Gamnom Sapormeina, presently residing at Phainom Cottage, Chasad Avenue Sanjenthong, P.O. & P.S. Porompat, District Imphal East, Manipur. Respondent MC (Crl.A.) No. 27 of 2020 National Investigation Agency, Ministry of Home Affairs, Government of India, New Delhi, represented by the Chief Investigation Officer (CIO), National Investigation Agency, Branch Office, Guwahati, Assam, Camp Office Imphal, Type VI, Quarter G-1, Lamphel Officer Colony, Lamphelpat, P.O. & P.S. Lamphel, Imphal West District, Manipur-795004. Appellant Vs. Mr. Yamthong Haokip, MLA-46 Saikul Assembly Constituency, aged about 72 yrs, s/o (L) Holkhothang Haokip of Mantripukhi, Opposite MICO, P.O. Mantripukhi, P.S. Heingang, Imphal East, Manipur-795002. Respondent KABORA MBAM SAPANA CHANU by KABORAMBAM SAPANA CHANU Date: 2023.01.20 17:15:06 -08'00' Page 2 BEFORE HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR HON'BLE MR. JUSTICE MV MURALIDARAN