RAJESH BARUA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant criminal petition under Sec. 528, Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS] is preferred to assail an Order dtd. 23/2/2023 and other subsequent and consequent orders passed by the Court of learned Additional Chief Judicial Magistrate, Kamrup at Amingaon ['the Trial Court', for short], whereby, the Trial Court has issued non-bailable warrant of arrest [NBWA] against the petitioner as a charge-sheeted accused in G.R. Case no. 115/2014 [earlier, G.R. Case no. 6517/2009].

(2.) A First Information Report [FIR] was lodged before the Officer In-Charge, Palashbari Police Station on 29/7/2009 by a Sub-Inspector of Police attached to Palashbari Police Station in reference to General Diary Entry no. 827 dtd. 28/7/2009. As per the FIR, basing on an information received from a source to the effect that narcotic substances were being carried by a truck bearing registration no. NL-08/A-0970 ['the subject-vehicle', for short] and proceeding towards Guwahati, the subject-vehicle was intercepted at an area near Barkuchi. On a search being made inside the subject-vehicle, in presence of witnesses, 73 nos. of gunny bags were found under bags containing rice and each gunny bag was found containing 4 nos. of cartoons. Each of the cartoons contained 50 nos. of Phensedyl bottles. The Phensedyl bottles were seized. The said FIR was registered as Palashbari Police Station Case no. 169/09 under Ss. 468/471, Indian Penal Code [IPC].

(3.) On registration of Palashbari Police Station Case no. 169/2009 and during the course of investigation, the petitioner was arrested. After arrest, the petitioner was forwarded to the Court of learned Chief Judicial Magistrate, Kamrup at Amingaon. On being so produced, he was remanded to custody. Subsequently, the petitioner was allowed to go on bail.