KUMARJIT DEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. R. A. Choudhury, learned senior counsel assisted by Mr. M. A. Chou-dhury, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor appearing for the State of Assam.

(2.) This bail application under Sec. 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Kumarjit Deb , in connection with Karimganj P.S. Case No. 19/2024, under Sec. 22(c)/25/29 of the NDPS Act, 1985 praying for his bail.

(3.) The gist of accusation in this case is that, on 6/1/2024, one Krishnamoni Kolita, WSI of Karimganj Police Station had lodged an FIR before the Officer-in-charge of Karimganj Police Station, inter alia , alleging that on 6/1/2024, at about 5:30 PM, an information was received through reliable sources to the Superintendent of Police of Karimganj that one four wheeler red colour Wagan-R car bearing Registration No. AS-11-D-8655 coming from Badarpur to Patharkhandi through National Highway No. 37 was carrying huge quantity of suspected drugs hidden inside the said vehicle. Accordingly, a GD entry bearing GD Entry No. 152 dtd. 6/1/2024 was made at Karimganj Police Station. Thereafter, a police team was constituted and a naka checking was arranged near Karimganj bypass road near Sherwali Dhaba on the National Highway No. 37. During naka checking, the vehicle (Wagan-R), bearing Registration No. AS-11-D-8655, which was coming from Badarpur towards Patharkhandi via Karimganj bypass road, was intercepted. The driver of the vehicle along with another occupant was found inside the said vehicle. On enquiry, the driver was identified as Kumarjit Deb (present petitioner) and the other occupant of the vehicle was identified as Dhiman Bhattacharjee. During search of the said vehicle, one big brown packet inside which small packets were found concealed on the back side of the driver's seat and the rear seat, a bag was found to containing total 9,000 numbers of Yabba tablets weighing about 992 grams were recovered from the said vehicle. During investigation, the sample of the seized contraband, which was examined at the Regional Forensic Science Laboratory, Silchar, gave positive test for Methamphetamine. Ultimately, on conclusion of the investigation, finding sufficient materials against the present petitioner and the co-accused Dhiman Bhattacharjee, the charge-sheet was laid against both of them under Sec. 22(c)/25/29 of the NDPS Act, 1985.