BAIJ NATH RAY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Munir, learned counsel for the petitioner and Mr. K. Konwar, learned Additional Public Prosecutor, Assam for the State.

(2.) By this application under Section 439 CrPC the petitioner, namely, Sri Baij Nath Ray is seeking bail in Rangia GRPS Case No.02/2020 registered under Section 20(b) of the NDPS Act, 1985 corresponding to G.R. No. 106/2020, wherein he was arrested on 13.01.2020 and since then, he is in custody. Said Rangia GRPS Case No.02/2020 has now been registered as Special (NDPS) Case No.03/2020.

(3.) As per the FIR dated 13.01.2020 of the case, while the petitioner was standing in the Rangia Railway Station Platform No.1, during the search conducted by the concerned police personnel, 4 packets of Ganza totaling 9 Kgs were recovered from the possession of the petitioner. The FIR also discloses that the petitioner was carrying the said Ganza from the State of Tripura to the State of Bihar for its sale and for his personal gain. Accordingly, Rangia GRPS Case No.02/2020 under Section 20(b) of the NDPS Act corresponding to G.R. No. 106/2020 was registered. The Ganza was accordingly seized by preparing a seizure memo being MR No.01/2020. Later, following the due procedure, some portion of the said seized Ganza was forwarded to the FSL for its examination and report and the petitioner was accordingly arrested and detained in custody.