L. PREMCHANDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. S.K. Nargis, learned counsel for the petitioner and Mr. S.C. Keyal, learned Standing Counsel, NCB on the prayer for bail of the petitioner, namely, L. Prem Chandra Singh, who has been in detention in connection with NCB Case No. 45/2018 under Section 20(b)(ii)(c)/29 of the NDPS Act arising out of NCB Crime Case No. 14/2017.

(2.) The prosecution case as projected in the complaint was that on 15.11.2017, Phani Narzary, Investigating Officer of the NCB received an information that one truck bearing registration No. AS-01-Y-0071 driven by Dulal Boro was proceeded from Ganesh Mandir, Khanapara with huge consignment of Ganja. Pursuing the said information, the NCB team intercepted the said vehicle, which was driven by the co- accused Dulal Boro. Upon search of the vehicle, 326.25 kg of suspected Ganja was recovered, which was later on, tested to be Ganja as per the report of the FSL and accordingly, a formal complaint was lodged. It was also stated that during search and seizure of the contraband from Dulal Boro, he revealed that the vehicle belonged to one Rinku Saikia (not an accused). Later on, the present petitioner was arrested in connection with the said case and the trial proceeded before the learned Special Judge.

(3.) Learned counsel Ms. S.K. Nargis submits that all the prosecution witnesses have already been examined, however, the trial could not be concluded because of the Covid-19 situation as regular hearing has not been taking place. Ms. Nargis further contends that though, all the prosecution witnesses have been examined, no actionable evidence could be brought on record against the present petitioner and as such there is hardly any probability of the material brought on record leading to conviction of the present petitioner, who has been in custody for last 2 ½ years. It is also contended that although the petitioner has been in custody for more than 2 ½ years, there is no likelihood of the trial being concluded within a short period and as such the petitioner deserves to be released on bail.