DIMSIANNEM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, the learned counsel for the petitioner and Mr. R.J. Baruah, the learned Additional Public Prosecutor for the State respondent.

(2.) This is an application under Sec. 439 Cr.P.C. for grant of bail to the petitioner, namely, Smti. Dimisiannem @ Pricilla, who was arrest on 1/9/2021 and since then the petitioner has been in custody in connection with NDPS Case No. 18/2022 which is pending adjudication before the Court of the learned Additional District and Sessions Judge No. 2, Kamrup (M) at Guwahati arising out of Bhangagarh P.S. Case No. 507/2021, under Ss. 22(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act of 1985).

(3.) A perusal of the FIR enclosed in the instant application reveals that one Mr. Omar Faruk, SI UB of Police, Bhangagarh Police Station had lodged an FIR stating inter-alia that on 26/8/2021, at 4:30 PM acting on a tip off the informant including the WSI, Woman Constable, 1 Sec. Commando BN.1 Sec. of CRPF B128 Crime Staff of East District PAPA Staff along with DCP (east), ACP Dispur arrived at Kunjalata Bibah Bhawan near Mizoram House, G.S. Road and searched the room No. 15 of Kunjalata Bibah Bhawan as authorized by ACP, Dispur and recovered one packet of yaba tablets from one Smti. Lalpian Mawii @ Khumi Khabug, 42 years resident of B-67/D, BIAL-II, DAWRPUI VENGTHAR, near YMA Hall, Aizawl and opened the packet in front of witnesses where 8500 numbers of yaba tablets weighing 950 grams including plastic packets (suspected psychotropic substance) which was duly seized on 26/8/2021 at 6:10 PM from the possession of the said Smti. Lalpian Mawii by observing all formalities as per the Act of 1985. It was mentioned that during the search, one JIO LYF mobile handset bearing Mobile No. 9863724502 was also seized from her possession. Further to that, it could be learnt from the preliminary investigation that the apprehended accused lady kept the yaba tablets with her for commercial selling to other drug peddlers for her personal gain. On the basis of the said FIR being lodged, Bhangagarh P.S. Case No. 507/2021 was registered under Ss. 22(C)/29 of the Act of 1985. It further reveals from the case diary that on the basis of the statement made by Smti. Lalpian Mawii, the petitioner was apprehended on 1/9/2021 along with her breast feeding child from the residence of the petitioner situated at Happy Valley, Mandanrting, Block-F near Baptist Church, P.S.- Mandanrting, District-Khasi Hills, Meghalaya. Prior to arrest of the petitioner, the house of the petitioner was searched and certain articles were seized. The seized articles were duly recorded in MR No. 69/2021. From a perusal of the said MR No. 69/2021 it reveals that the following articles were seized:-