JAHIDUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A Roy, learned counsel for the petitioner. Also heard Mrs. SH Borah, learned Additional Public Prosecutor, appearing for the State respondent.

(2.) This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioner, namely, Jahidul Islam, in connection with Tamulpur Police Station Case No. 212/2021 registered under Section 22(C) of the NDPS Act.

(3.) Perused the petition as well as the annexures furnished therewith. Mr. Roy, learned counsel for the petitioner has submitted that the accused- petitioner has been in custody for 74 (seventy four) days, as on date. He has also referred to the order passed by this Court in Bail Application No. 1579/2021, dated 03.08.2021 in which order this Court has held that although the case has been registered under Section 22(c) of the NDPS Act yet it ought to have been registered under Section 22(b) of the NDPS Act.