MD SAHABUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the common order passed by the Gauhati High Court in Bail Application Nos.885/2012 and 886/2012. The allegations against the appellants concerned, in Bail Application No.885/2012, were that on 16.2.2012 at about 8.30 p.m., based on a secret information, the police intercepted a truck bearing registration No.HR-61-A6641 at Chgolia, Boxirhat, on the National Highway 31 and the vehicle along with appellants was taken to the Golakganj Police Station and that due to lack of proper light facility, the search could not be conducted and, therefore, the vehicle and the appellants were kept in the police station on that night. On the next day i.e. on 17.2.2012 when a search was effected in the presence of the Deputy Superintendent of Police (HQ), Dhubri, Circle Inspector of Golakganj and local witnesses, it revealed that 347 cartons, each carton containing 100 bottles of 100 ml. Phensedyl cough syrup and 102 cartons, each carton containing 100 bottles of 100 ml. Recodex cough syrup were found concealed along with household articles. For transporting such a huge quantity of pharmaceutical products, the driver of the vehicle could not produce any valid documents. Further the chemical analysis of the contents of the cough syrup disclosed that it contained codeine phosphate beyond the prescribed quantity and, therefore, the articles were seized. The appellants were produced before the C.J.M., Dhubri on 18.2.2012 who remanded them to judicial custody.

(3.) As we are concerned with the Bail Application No.885/12, we do not deal with the details of seizure and arrest effected on accused concerned in Bail Application No.886/12.