NAZRUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned senior counsel, assisted by Mr. P. Kotaki, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam.

(2.) This application under Sec. 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Nazrul Islam, who has been detained behind the bars since 4/2/2024 (for last 3 months 9 days) in connection with Special NDPS Case No. 70/2023 corresponding to the Bajaricherra P.S. Case No. 126/2023 under Sec. 22(c)/25/29 of the NDPS Act, 1985 pending in the Court of learned Special Judge, Karimganj.

(3.) The gist of the accusation in this case is that on 13/6/2023, one S.I. Pranab Mili, SI of Police and In-charge of Churaibari Police Watch Post, had lodged an FIR before the Officer-In-Charge of Bajaricherra Police Station, interalia, alleging that during daily naka checking duty at Naka check point of Churaibari Watch Post at National Highway No. 8, three trucks bearing Registration Nos. WB 11D 4702, WB 29B 5386 and NL 01A F0300, coming together from Guwahati side towards Tripura were signalled to be stopped and were searched and during search operation 93,920 numbers of bottles of cough syrups containing codine phosphate in 587 numbers of cartons were recovered from there. The said cough syrups were seized and the drivers of the vehicle bearing Registration No. WB 11D 4702, namely, Bibesh Kumar and the driver of vehicle bearing registration No. WB 29B 5386, namely, Saminur Islam were arrested. The driver of the truck bearing Registration No. NL 01A F0300 could not be apprehended as he fled away from the scene.