PAWAN KUMAR YADAV Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State.

(2.) This application under Sec. 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioners, namely, Pawan Kumar Yadav and Sanoj Kumar who have been detained behind the bars since 26/8/2022 (for last one year, seven months and six days) in connection with Special NDPS Case No. 121/2022 corresponding to Bazaricherra P.S. Case No. 156/2022 under Ss. 20(b)(ii)(C)/29 of the NDPS Act, 1985.

(3.) The gist of accusation in this case is that on 25/8/2022, one Dibakor Gogoi, S.I. of Police of Kathaltoli W.P. had lodged an FIR before the Officer-in-charge of Bazaricherra Police Station, inter alia , alleging that on that day an information was received that four persons were travelling on a passenger magic vehicle and were carrying 7 to 8 bags of Ganja with them. Accordingly, on the same day at about 12.15 PM, the first informant arrived at Kathaltoli Bazar Magic stand and found four persons with luggage as passenger in magic vehicle bearing Registration No. AS-11-AC2925. All the four persons were apprehended and eight bags belonging to them were also seized and it was found that they were carrying total 73 kgs of Ganja in fifteen numbers of packets. On the basis of the said FIR, Bazaricherra P.S. Case No. 156/2022 was registered under Ss. 20 (b) (ii)(C)/29 of the NDPS Act, 1985 and investigation was initiated. Ultimately, on completion of the investigation, the charge-sheet was laid against four numbers of accused persons including the present petitioners.