ATIKUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Saloi, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, the learned A.P.P. appearing for the State.

(2.) Upon rejection of the previously filed A.B. No. 1218/2020 by order dated 02.06.2020, the petitioner by this second application under section 438 Cr.P.C., is seeking pre- arrest bail in connection with Hatigaon P.S. Case No. 245/2020 under section 22(c) of the N.D.P.S. Act, 1985.

(3.) The learned counsel for the petitioner has submitted that in this case, the FIR was filed by the Arun Baruah, S.I. of Police, implicating the petitioner of the offence, however, prior to the lodging of the said FIR, the petitioner had given evidence against the said Investigating Officer in a departmental proceeding. Therefore, although the entire quantity of the contraband narcotic drugs (1090 bottles of cough syrup) was seized from one another accused, the said Investigating Officer had manufactured a purported statement by the arrested accused to implicate the petitioner of being involved in the alleged offence. It is submitted that the said Investigating Officer had seized the motorcycle of the petitioner parked in petitioner's compound to project as if the petitioner's vehicle was carrying the contraband. It is submitted that the petitioner had submitted a written complaint dated 05.06.2020 before the Commissioner of Police, Guwahati against the high handed action of the said Investigating Officer.