LALPIAN MAWII @ KHUMI KHABUG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Asif Ahmed, the learned counsel appearing on behalf of the petitioner. Mr. D. Das, the learned Additional Public Prosecutor Assam appears on behalf of the State.

(2.) This is an application under Sec. 483 of the Bharatiya Nagarik Surakhsha Sanhita, 2023 for granting bail to the petitioner, namely, Lalpian Mawii @ Khumi Khabug, who was arrested on 27/8/2021 in connection with NDPS Case No.18/2022, which is presently pending before the learned Additional District and Sessions Judge No.2, Kamrup(M) at Guwahati arising out of Bhangagarh Police Station Case No. 507/2021 under Ss. 22(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as 'the Act of 1985').

(3.) A perusal of the FIR enclosed to the instant application reveals that one Mr. Omar Faruk, SI UB of Police, Bhangagarh Police Station had lodged an FIR stating inter-alia that on 26/8/2021, at 4:30 PM acting on a tip off the informant including the WSI, Woman Constable, 1 Sec.Commando BN.1Sec of CRPF B128 Crime Staff of East District PAPA Staff along with DCP (east), ACP Dispur arrived at Kunjalata Bibah Bhawan near Mizoram House, G.S. Road and searched the room No.15 of Kunjalata Bibah Bhawan as authorized by ACP, Dispur and recovered one packet of yaba tablets from the petitioner, 42 years resident of B-67/D, BIAL-II, DAWRPUI VENGTHAR, near YMA Hall, Aizawl and opened the packet in front of witnesses where 8500 numbers of yaba tablets weighing 950 grams including plastic packets (suspected psychotropic substance) which was duly seized on 26/8/2021 at 6:10 PM from the possession of the said Smti. Lalpian Mawii by observing all formalities as per the Act of 1985. It was further mentioned that during the search, one JIO LYF mobile handset bearing Mobile No. 9863724502 was also seized from her possession. Further to that, it was also mentioned that on preliminary investigation, it was learnt that the petitioner kept the yaba tablets with her for commercial selling to other drug peddlers for her personal gain. On the basis of the said FIR being lodged, Bhangagarh P.S. Case No.507/2021 was registered under Ss. 22(c)/29 of the Act of 1985.