RAJIB PEGU Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G. Jalan, learned counsel for the accused-petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State of Assam.

(2.) By this application under Sec. 439, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Sri Rajib Pegu @ Rajiv Pegu has prayed for his release on bail in connection with Special NDPS Case no. 25[N.L.]/2021, arising out of Bihpuria Police Station Case no. 500/2021 which was registered under Ss. 21(b)/29 of the Narcotic Drugs and Psychotropic Substances [NDPS] Act, 1985.

(3.) Mr. Jalan, learned counsel for the accused-petitioner has submitted that from the First Information Report [FIR] itself, it is evident that the accused-petitioner was apprehended on the basis of the statement of the other arrested co-accused viz. Smti. Jyoti Doley who had stated that she bought the contraband [heroin] from the accused-petitioner. It is his submission that neither the statement of the arrested co-accused person, Smti. Jyoti Doley nor any inculpatory statement of the accused-petitioner would have any evidentiary value during the course of trial. It is his submission that in all possibility, the accused petitioner is likely to be acquitted of the charges framed against him.