HAFIJUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Sharmah, learned counsel appearing for the applicant. Also heard Mr. H. Sarma, learned Addl. P.P. Assam appearing for the State. By filing this application under Section 439 Cr.P.C. the accused petitioner, viz. Md. Hafijul Ali @ Habijur Ali is seeking his release on bail in connection with Basistha Police Station Case No. 720/2020 registered under Section 22(c) of the NDPS Act, 1985.

(2.) Perused the case diary.

(3.) Mr. Sharmah submits that his client has been in custody since 30-05-2020. According to Mr. Sharmah, this is a case which ought to have been registered under Section 22(b) of the NDPS Act and not Section 22(c) considering small quantity that has been recovered. Mr. Sarma has also produced the copy of the order dated 29-07-2020 passed by this Court in Bail Application No. 1398/2020 whereby, co-accused, viz. Rashidul Ali has already been released on bail by this Court.