MANIK DAS Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) (i) On 7/4/2021 one Sanjiv Kr. Intelligence Officer, Narcotics Control Bureau (NCB) attached to Kolkata Zonal Unit (KZU) received information in relation to trafficking substantial quantity of "Ganja" by one Susanta Dey allies Ravi and Manik Chanrda Das with a car namely TATA ACE GOLD bearing Reg. No. WB 25J 4944 likely to be unloaded in the house of said Susanta Dey and then to supply to one Asim Mirdha.

(2.) (i) Mr. Sekhar Bose, Ld. Senior Counsel, appearing on behalf of the petitioner specially relied on the case of Tofan Singh Vs State of Tamil Nadu reported in(2021) 4 SCC 1 and thereby Mr. Bose tried to make this Court understand that the provision of sec. 42 (2) of the NDPS Act has not been complied with. In support of his contention Mr. Bose referred to paragraphs 62 to 66 of the reported judgment.

(3.) (i) In opposition to that, Mr. Dastoor, Ld. Additional Solicitor General, appearing on behalf of the NCB (KJU) strenuously contended that even if we overlook the statement of co-accused in terms of decision of Tofan Singh's case (supra) we cannot ignore the call details report (CDR). In support of his contention he relied on the case of Union of India through NCB, Lucknow Vs Md. Nawaz Khan reported in 2021 (10) SCC 100.