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II. Article of charge and substance of imputation of misconduct or misbehavious :
The following in the article of charge against C/G25 H. Lalmuanthanga of 3rd Bn. MAP :
That, C/625 H. Lalmuanthanga is using intravenous drug injection of Proxyvon which is a clear indication of violation of departmental norms and rules".

The preliminary hearing of the proceedings was held on 27.8.1998 in which when asked by me, the charged official admitted to have received the charge Memorandum No. Bn/3MAP/RO-PF/98/1007, dt. 15.7.1998 with Annexure -I to IV and to have understood the charges levelled against him fully. He, however, admitted his guilt stating that he has been using intravenous injection of Proxyvon off and on since January, 1998. Further, he stated that on 1.7.1998, he was medically examined by the Medical and Health Officer of 3rd Bn. MAP, Mualpui and the Medical Officer found injection marks present on his both inquinal region. The Medical Officer also found healing would present on his right inquinal region. Though, the charged official admitted his guilt before me as stated above, still, I further proceed to record the statements of the prosecution witnesses with a view to collecting more supporting/corroborative evidences in this case.

III. Recording statements of the prosecution witnesses :

PW 1 -- Admn. Inspr. Lalchhuanawma of 3rd Bn. MAP Mualpui:
He stated that he has been working as Admn. Inspector in the 3rd Bn. MAP Mualpui. He knows C/625 H. Lalmuanthanga who is working in 'F' Coy of 3rd Bn. MAP since 1997 to be a drug addict who has been using intravenous injection of Proxyvon. On 1.7.1998, he was sent to the Hospital of 3rd Bn. MAP, Mualpui for medical examination. The medical and Health Officer Pi Zepuii after medically examined him, declared him to be a drug addict. The Medical Officer found injection marks present on his Inquinal region. The Medical Officer further, found healing would present on his right inquinal region.
(1) Injection marks (one each) are found on both inquinal region.
(2) Healing would is present on his right inquinal region.

She found him to be a intravenous drug user and as such, a drug addict.

IV. Findings:

From the statements of PW 1 Admn Inspr. Lalchhuanawma and PW 2 Lalnuntluanga, CHM, it is clear that both of them know C/625 H. Lalmuanthanga well since the constable has been working under them. Both of them know the constable to be a drug addict as the constable has been using intravenous injection of proxyvon. On 1.7.1998, C/625 H. Lalmuanthanga was sent to the Hospital on 3rd Bn. MAP, Mualpui for medical examination. The medical officer after medically examined him, declared C/625 Lalmuanthanga to be a intravenous drug user who has been using Proxyvon injection (intravenous) off and on since January 1998.
7. A conjoint reading of the statements of the petitioner as well as enquiry report reveals that when the petitioner categorically stated that he did not take the intravenous injection of proxyvon since May 1998 though, he used the said drug till January 1998 and he admitted saying that "I was a drug addict" for which he asked mercy of the authority, the finding as regards his admission in the enquiry report goes to show to the extend that the petitioner had been using the intravenous injection of Proxyvon off and one since January 1998. This finding of the enquiry officer is surely going to prejudice the petitioner and non-furnishing of this enquiry report to the petitioner, as it appears, resulted in the denial of reasonable opportunity of hearing to the petitioner before the impugned order of removal was passed.