UBAIDUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Bordoloi, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Addl. P.P., Assam for the State respondent.

(2.) By this application under Sec. 483 of the BNSS, 2023, the accused petitioner, namely Ubaidur Rahman @Ubaydur Rahman has prayed for grant of bail in connection with N.D.P.S. Case No.60/2023 (corresponding to Guwahati GRPS Case No.163/2022) pending in the Court of learned Special Judge (NDPS), Kamrup (M), Guwahati under Ss. 21(c)/29 of the NDPS Act.

(3.) The facts of the case is that two packets of heroin weighing kg each had been seized from the possession of the petitioner and co-accused Abud Ahmed on 19/11/2022. Another co-accused, i.e., Md. Majibur Rahman @Mujibur Rahman had been arrested on the statements made by the petitioner and the co-accused Abud Ahmed. However, a coordinate Bench of this Court, vide order dtd. 5/1/2024 passed in Bail Appln.2479/2023, granted bail to Md. Majibur Rahman @Mujibur Rahman, in terms of the judgment of the Supreme Court in the case of Tofan Singh Vs. State of Tamil Nadu, reported in (2021) 4 SCC 1, wherein it was held that the statement of a co-accused recorded under Sec. 67 of the NDPS Act was not admissible in evidence against a coaccused.