GOBINDA THAPA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S. Khanikar, learned counsel for the petitioner. Also heard Mr. BB Gogoi, learned Additional Public Prosecutor, appearing for the State respondent.

(2.) This is an application, filed under Sec. 439 of the Cr.PC. seeking bail of the accused-petitioner, namely, Sri Gobinda Thapa, in connection with Special (NDPS) Case No. 18/2021 arising out of Udalguri Police Station Case No. 165/2021 registered under Sec. 18(b) of the NDPS Act. The scanned copy of the case diary as well as the status report called for has been received and perused.

(3.) The fact of the case, as per the FIR, is that on 19/6/2021, on the basis of a secret information about illicit trafficking of opium by the accused-petitioner in his pharmacy located at Bhairabkhunda bazaar, search was conducted and the Investigating Agency found and recovered 340 grams of suspected opium kept in a white color plastic container, cash amounting to Rs.20,000.00 and two mobile hand sets of different brands which were seized as per the seizure list. The seizure was made from the possession of the present petitioner. After thorough investigation, charge-sheet has been laid against the petitioner under Sec. 20(b)(ii)B of the NDPS Act. It appears to this Court that the charge- sheet ought to have been laid for offence under the provisions of Sec. 18 of the NDPS Act instead of Sec. 20 thereof.