DHAN BORO Vs. UNION OF INDIA

JUDGEMENT

(1.) Invoking the extra-ordinary jurisdiction under Article 226 of the Constitution of India, the present writ petition is preferred to assail inter alia a direction made by the Intelligence Officer, Narcotics Control Bureau [NCB] & Investigating Officer [I.O] of the case, NCB Crime Case no. 06 of 2018, whereby, the I.O. had directed freezing of one Savings Bank Account no. 125210034195 maintained by the petitioner at Beltola Branch, Guwahati of the Dena Bank. The petitioner has also challenged the actions on the part of the respondent NCB authorities in seizing and blacklisting of four nos. of vehicles belonging to the petitioner, bearing registration nos. [i] AS-01/FC-6769 [Three wheeler goods carriage]; [ii] AS-01/BH-0255 [LMV]; [iii] AS-01/JC-4657 [Bus MPV]; and [iv] [AS-01/JC-2577 [Bus MPV].

(2.) The events which have led to the issuance of the aforesaid direction to freeze the bank account of the petitioner and resulted in seizure and blacklisting of the afore-mentioned vehicles, belonging to the petitioner, can be narrated at first, in brief.

(3.) On receipt of an information from a reliable source at the Zonal Office, Guwahati of the NCB that a person named Ranjan Sarkar along with two other persons would be carrying a huge quantity of contraband, Ganja by concealing the same in the roof-top carrier above the cabin of a truck bearing registration no. TR-01/B-1777 on 8/5/2018, the information was reduced into writing by the concerned officer in the NCB. On being informed to the immediate superior, the Superintendent of NCB, Guwahati Zonal Unit, a team was formed to be led by the Superintendent of NCB, Guwahati Zonal Unit to intercept the truck. An Officer of the NCB was authorized to search, seize and arrest in case of any recovery made on the basis of the information and interception. The team of the NCB, Guwahati Zonal Unit then proceeded to Gorchuk Chariali at around 09.40 a.m. on 8/5/2018.