GAUTAM SAHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D.K. Baidya, learned counsel for the petitioners. Also heard Ms. N. Das, learned Additional Public Prosecutor appearing for the State of Assam.

(2.) This application under Sec. 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioners, namely, 1. Gautam Saha and 2. Bhajan Sarkar, who are detained behind the bars since 10/3/2022(for last 2 years 3 months and 16 days), in connection with Special (NDPS) Case No. 41/2022(arising out of Bazaricherra P.S. Case No. 47/2022 under Sec. 22(b)(ii)(c)/25/29 of the Indian Penal Code, 1985 pending before the Court of learned Special Judge, Karimganj.

(3.) The gist of accusation in this case is that on 9/3/2022, one Niranjan Das, SI of Police had lodged an FIR before the Officer-In-Charge of Bazaricherra Police Station, inter alia , alleging that on receipt of an information through secret sources, a naka checking was conducted at naka check point of Churaibari Watchpost at National Highway No. 8.