BIPLAB HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D.K. Baidya, learned counsel for the accused-petitioner and Mr. N.K. Kalita, learned Additional Public Prosecutor for the State of Assam.

(2.) This application under Section 439, Code of Criminal Procedure, 1973 (the CrPC , for short) has been filed praying for bail of the accused-petitioner viz. Sri Biplab Hazarika who has been in detention in connection with Nagaon Station Case No. 2525/2019, registered under Section 22(C) / 25 of the Narcotic Drugs and Psychotropic Substances Act , 1985, (the NDPS Act , for short). This application is filed on behalf of the accused-petitioner under Section 439 , CrPC for the second occasion, after rejection of the earlier bail application by an order dated 09.12.2019 passed in B.A. No. 3731/2019.

(3.) The allegations in the First Information Report (FIR), lodged on 02.09.2019, against the accused-petitioner are, inter-alia, to the effect that the informant, a Sub-Inspector for Police attached to Nagaon Police Station, had received a secret information at about 12.00 p.m. on 01.09.2019 regarding carrying on business in illegal drugs in the house premises of the accused-petitioner located at Laokhowa Road under the jurisdiction of the said police station. Information was also received to the effect that the accused-petitioner is used to sell drugs to addicted persons by keeping illegal drugs in his house in order to earn profits. Based on the said information, a house search was carried out by the informant along with other police personnel after getting authorization from the Additional Superintendent of Police (H.Q.), Nagaon. In the process, the informant stated to have recovered 50 gms of suspected heroine (yellow colour) kept in 112 nos. of small plastic bottles and 2 (two) small plastic packets; 359 gms of suspected brown sugar kept in 415 nos. of small plastic bottles; and 2 nos. of digital weigh machines; apart from other items. Seizure was made accordingly by preparing a seizure list in presence of witnesses. Preliminary test stated to have given positive result of heroine. It is on the basis of the said FIR, the accused-petitioner and one Sri Hemanta Gurung were arrested and produced before the Court on 02.09.2019.