LAWS(MEGH)-2019-6-26

HASHINUR SHEIKH Vs. STATE OF MEGHALAYA

Decided On June 24, 2019
Hashinur Sheikh Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) The petitioner has approached this Court under Section 439 Cr.P.C. read with Section 37 of the Narcotic Drugs and Psychotropic Substances Act of 1985 (in short 'N.D.P.S.') who is the nephew of the accused.

(2.) An FIR was registered under Section 22(c) and 29 of the N.D.P.S. Act against the accused on 21.05.2019 who was apprehended from Police Bazar near M.T.C. Shillong at Sadar Police Station.

(3.) Learned counsel for the petitioner did not dispute that the quantity involved against the accused is a commercial quantity. However, it was urged that the accused has been falsely involved as there is no recovery from him.