MUKTAR HUSSAIN LASKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application u/s 439 Cr.P.C. praying for bail of the petitioner, namely, Sri Muktar Hussain Laskar, who is in detention since 06-06-2018 in connection with NDPS Case No. 69/2018 registered under Sections 8(c)/22(c)/29 of the NDPS Act.

(2.) Heard learned counsel, Ms. S.K .Nargis for the petitioner and learned Standing Counsel Mr. S. C. Keyal for the NCB. Also perused the scanned copy of the record of the trial court.

(3.) On 18-01-2018 one Sri Aram Anth, Intelligence Officer, NCB received an information, that one Abdul Hasim was carrying a consignment of methamphetamine in order to deliver the same to another person at VIP road. Pursuing the said information, the NCB team reached near Sunview Hotel at VIP road, 6 th Mile, Guwahati, where they found accused Abdul Hasim and conducted a search. During the search, the NCB personnel recovered and seized 7900 tablets, which weigh 1.010 kg of methamphetamine, from joint possession of the accused Abdul Hasim and Faruk, who were arrested on 06-06-2018 and produced before the court. The statement of these two accused persons from whom contraband was seized, were recorded u/s 67 of the NDPS Act, copy of which is annexed with the petition. During the statement recorded u/s 67 of the NDPS Act, the accused Abdul Hasim stated, that he came into contact with one Abhey, a Kuki woman from Manipur and started the illegal business of drug trafficking. On 17-09-2018 he came to Guwahati with a consignment of methamphetamine, which was supplied to him by said Abhey, in order to deliver the same to a person. As per instruction of Abhey and one Rahul from Guwahati, he handed over the consignment of contraband articles to Faruk, the co-accused. The co-accused Faruk also allegedly stated in his statement recorded u/s 67 of the NDPS Act, that he received the consignment of about 1.010 kg of methamphetamine (9700 tablets) from a person, which was given to him under the instruction of one Rahul. On the basis of the statement of the two co-accused, namely, Faruk and Abdul Hasim. The Investigating Agency arrested the present petitioner on 06-06-2018, and after completing investigation submitted charge-sheet/final complaint against the six persons, three of whom, were yet to be arrested. The co-accused Faruk and Abdul Hasim, from whom the contraband were seized, were enlarged on default bail, as the investigating agency failed to submit charge-sheet/final complaint within the statutory period. The petitioner filed an application praying for bail and this court directed the petitioner to approach the trial court and pursuant to the order of this court, the petitioner filed an application before the trial court seeking bail, which was rejected by the learned trial court. Hence, the petitioner again approached this court seeking bail.