KHAGEN KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.K. Saharia, learned Counsel for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State of Assam.

(2.) By this application under Sec. 438, Code of Criminal Procedure, 1973 ['CrPC' and/or 'the Code', for short], the petitioner viz. Khagen Kalita has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with NDPS Case no. 135/2021, arising out of STF Police Station Case no. 04/2021 registered for offences punishable under Ss. 20[C], Narcotic Drugs and Psychotropic Substances Act, 1985, which is presently pending in the Court of learned Special Judge, Kamrup at Guwahati.

(3.) Mr. Saharia, learned counsel for the petitioner has submitted that the petitioner was not named in the First Information Report. It was one Nirmal Das who has been named in the First Information Report as the accused. The contraband was seized when search was conducted in the house of one Rumi Patwary, a sister of the accused Nirmal Das.