BASIT UDDIN Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Ms. T. Y. Bhutia, learned counsel for the petitioner. Also heard Mr.T. Ete, learned Additional PP for the State of AP.

(2.) This is an application filed under Sec. 482 of the Code of Criminal Procedure, 1973 (sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) read with Sec. 439 of the Code of Criminal Procedure, 1973 (sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023) for quashing and setting aside of the orders dtd. 12/12/2023, 23/2/2024, 8/4/2024 and 3/5/2024, passed by the learned Special Judge (NDPS), Bomdila for release of the accused, Shri. Kamal Uddin on previous bail granted by this Court on 31/10/2022.

(3.) The case of the petitioner is that on 24/7/2022, an F.I.R was submitted by one Shri Sochi Don (Inspector, Seppa Police Station) against the accused person, Shri Apu Venia, after receiving information from reliable sources that the accused person was carrying some contraband substance with him and travelling in a bus from Itanagar to Seppa. After intercepting the vehicle in which the accused person was travelling, the Police team recovered suspected heroin weighing 54.33 gms with the weight of the vials and 5.38 gms without the vials, from a blue backpack which was in the possession of the accused, after which a case was registered vide Seppa P.S. Case No. 41/2022, under Sec. 21(b) of the NDPS Act, 1985 and the case was endorsed to the I.O. for further investigation.