LAWS(GAU)-2022-8-73

MUSADDIQUE HUSSAIN Vs. STATE OF ASSAM

Decided On August 11, 2022
Musaddique Hussain Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Ms. S Kakati, learned counsel for the petitioner. Also heard Mr. D Bora, learned Junior Government Advocate for the respondents.

(2.) The writ petitioner was temporarily appointed as a Sub-Inspector (UnArmed Branch) [in short, SI(UB)] in the Assam Police as per the letter of appointment dtd. 24/3/2008 of the Superintendent of Police, SB(E). The petitioner had also undergone the training at Police Training College, Dergaon for a period of one year. After completion of one year training, the petitioner was posted in the districts of Udalguri, Darrang, Dima Hasao and Golaghat respectively. Upon the completion of the probation period, a final merit list of the cadet SI was published and in the said list, the name of the petitioner was at Sl. No. 84. After completion of the period of probation, the petitioner was posted at different places and claimed that he had served his duties with due diligences and sincerity and to the satisfaction of all the higher authorities but while he was serving in the office under the respondent no. 6 i.e. the SP,SB(E), he was arrested on 11/3/2021 in connection with Basistha PS Case No. 416/2021 under Ss. 22(C)/29 of the NDPS Act. It is stated that upon being arrested, the petitioner was released on bail as per the order dtd. 17/6/2021 in BA No. 876/2021.

(3.) The petitioner seeks to rely on the order of bail to impress upon that no contraband was seized from his possession and there were no allegations that he had possessed, manufactured, purchased or transported any of the narcotic contrabands. The petitioner also relies upon the statement of the learned Additional Public Prosecutor in the bail proceeding that there was no allegation of any direct involvement of the petitioner in any matter under the NDPS Act.