MD. KHALILUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Y.S. Mannan, the learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, the 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 petitioner, namely, Md. Khalilur Rahman@ Khalilar Rahman, who has been detained behind the bars since 26/9/2023 (for more than 01 year and 06 months) in connection with NDPS Case No. 01/2024, arising out of S.T.F Police Station Case No. 06/2023 under Ss. 21(C)/29 of the NDPS Act, 1985, presently pending before the Court of learned Additional Sessions Judge No. 2, Kamrup (Metro).

(3.) The gist of accusation in this case is that on 11/7/2023, one Vikram Basumatary, Inspector of Police, S.T.F Assam had lodged an FIR before the Officer-In-Charge of Special Task Force (STF) Police Station, inter-alia, alleging that on 10/7/2023, on the basis of an information received through reliable sources that a search team was constituted for conducting search operation and accordingly, the police team reached Sonapur near Toll Plaza. At about 1:00 AM, on 11/7/2023, the police intercepted two vehicles, namely, a Hyundai Creta and a Honda City Vehicle and tried to stop the said vehicle. The driver of Creta vehicle bearing Registration No. AS-01-FE-1589 hit the Toll gate barricade and sped off towards Guwahati. One round of fire was also shot at tyre of the vehicle to prevent it from escaping. However, in vain. The other vehicle, namely, a Honda City bearing Registration No. AS-01-BL-2211 was intercepted and one Mafijul Haque was found inside the said vehicle. During search of the vehicle, suspected heroin weighing about 1.873 kgs kept in 145 numbers of plastic packets inside soap cases were recovered therefrom.