SAMSUN NOOR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A Ahmed, the learned counsel for the applicant as well as Mr. M Phukan, the learned PP, Assam along with Mr. R.J. Baruah, the learned Addl. PP. I have also heard Mr. Z Kamar, the learned senior counsel who vide the order dtd. 29/9/2022 was requested to assist the Court.

(2.) This is an application under Sec. 439 of the Code of Criminal Procedure, 1973 'for short, the Code' for grant of bail to the applicant in connection with Nilambazar PS Case No.432/2021, who had been in custody since 28/11/2021. At the outset it is relevant to mention that the case has been registered under Sec. 22(C)/25/29 of the NDPS Act, 1985, for short "the Act of 1985."

(3.) The case of the applicant is that one Kamlesh Singh, SI of Nilambazar Police Station had lodged an FIR to the effect that at about 12. 40 PM a specific information was received by the BSF intelligence team of M&C, BSF Mashimpur, Silchar regarding the presence of huge quantity of suspected narcotic drugs at the house of the applicant and his brother Abdul Basit. Accordingly a GD Entry was made. At around 2.30 PM, the informant along with other officials reached the place and when they moved towards the house of the applicant and seeing them some people started running from the house of the applicant throwing a gunny bag in the house. The police party apprehended the applicant. After receipt of the FIR, Nilambazar PS registered the same as Nilambazar PS Case No.432/2021 under Sec. 22(C)/25/29 of the NDPS Act, 1985 and started investigation.