NARUGHAR SONGHAR GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application under sec. 439 of Code of Criminal Procedure, the applicant - Narughar Goswami prays to release him on bail in connection with FIR being C.R.No.11198035201321 of 2020 registered with Mahua Police Station, Bhavnagar for the offence punishable under Sec. 15, 15(C), 25, 29 of the NDPS Act.

(2.) As per FIR registered on 18/6/2020, the police received secret information that inside an abandoned petrol pump of Essar Company, several persons were transferring liquor from one truck to other under the grab of transferring onion. Therefore, the police called for independent witnesses to raid the tipped place. On reaching the spot, the police found two trucks, an Eicher Truck and Car and several persons were transferring some goods from the trucks. Police nabbed accused no.1 and he disclosed that he was driver of Eicher Truck and he was not transporting liquor but poppy straw.

(3.) As a result of above, necessary orders were passed for the purpose of search and seizure under the provisions of NDPS Act . The police found 62 bags from Eicher Truck and lying on the land where the truck was parked and 7 other bags from the room of abandoned petrol pump. Thus, in all 69 plastic bags of poppy straw were found by the police. The police called Officer from the FSL and necessary procedure for weighing the total quantity was carried out. Accordingly, police seized 1371.72 kg from 69 bags, estimated value at Rs.16,62,624.00. Pursuant to aforesaid offence, the applicant came to be arrested on 9/4/2021.