BARAK ALI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Ms. B. Khongthaw, learned counsel for the applicant who has submitted that this instant application has been preferred under Sec. 483 of the BNSS read with Sec. 37 of the NDPS Act with a prayer for grant of bail on behalf of Shri. Siraj Ali who is the accused person in connection with Crl. NDPS Case No. 26 of 2024 before the court of the learned Special Judge (NDPS), Khliehriat, East Jaintia Hills District.

(2.) It is the submission of the learned counsel that the accused person is the son of the applicant who was sent by the applicant to Silchar, Assam in connection with a truck belonging to the said applicant which was lying in a damaged condition on account of an accident which has taken place involving the said vehicle. Accordingly, the accused person has proceeded towards Silchar by public transport and on completion of his assignment, he had boarded a bus (Night Super) from Silchar to Shillong. This took place on 22/8/2024.

(3.) In course of the journey, the said bus was stopped by the police for routine check and in the process, the police personnel discovered a brown carton lying underneath the seat where the accused was sitting and finding it of suspicious nature, the same was checked. Inside the carton was found an inverter and on further examination it was also found that it contained consignment of suspected contraband substance being yellow-orange powder weighing about 79.81 gram. The same on being tested revealed to be heroin. The accused person was accordingly arrested on the ground that he is found to be in conscious possession of the said contraband.