KIYEKA AYEMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Y.S. Mannan, learned counsel for the petitioner. Also heard Ms. S.H. Borah, learned Addl. Public Prosecutor for the State respondent.

(2.) This is an application under Sec. 439 of Cr.PC, 1973 for granting regular bail to the petitioner, i.e. Kiyeka Ayemi, who has been arrested on 1/4/2023 in connection with NDPS Case No. 45/2023 arising out of Khatkhati P.S. Case No. 31/2023 registered under Sec. 21(c)/29 of NDPS Act, 1985 pending before the learned Court of Special Judge, NDPS, Diphu, Karbi Anglong, Assam. Pertinent that charge-sheet has been submitted vide C.S No. 54/2023 dtd. 30/6/2023 before the learned Court of Special Judge, NDPS, Diphu, Karbi Anglong, Assam.

(3.) The facts of the case is that on 1/4/2033, complainant SI (P) Swmdwn Swargiary lodged an FIR at Khatkhati PS that on 1/4/2023, an information received by the OC Khatkhati PS from the reliable source regarding smuggling of huge quantity of suspected to be Narcotic substance by drugs smugglers from Dimapur towards Bokajan via Janak Pukhuri. Accordingly, GDE was made by OC Khatkhati PS vide GDE no.06 dtd. 1/4/2023 and informed the matter to the SDPO Bokajan and Sri Benni D, Inspector, 20bn C coy, Bokajan. A Police team from Khatkhati PS was detailed by the O/C Khatkhati PS to assist him vide above referred. On reaching at Janak Pukhuri near Railway Line, complainant and staff had set up a special checking and at about 12:05 pm he was detained one suspected person namely Sri Kiyeka Ayemi age about 34 years, S/OVikheto Ayemi, R/O- Vishiya, PS- Nuiland, District Dimapur, Nagaland coming on foot from Kaliram basti side towards Janak pukhuri along with one cartoon in his hand. On searching the body and cartoon carried by the said person as per provision of law, complainant had recovered total 47 (forty seven) nos. of soap boxes containing one polythene packet in each box which contains identical brown colour powdery substances suspected to be heroin (all boxes are marked as 1 to 47), weighing total suspected heroin = 576.84 grams and other articles from the possession of the detained person which were kept conceal inside a cartoon carried by him and accordingly, all the recovered suspected heroin has been seized in presence of independent witnesses as per seizure memo. As well as detained the person. The said FIR was received and registered as Khatkhati P.S. Case No. 31/2023 being registered under Sec. 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Thereafter, the petitioner was arrested on 1/4/2023 in connection with the aforesaid case and accordingly, he is in custody since then. Hence, the instant bail application.