NUREZZAMAN ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.K. Talukdar, learned counsel for the petitioner and Mr. S.C. Keyal, learned Standing Counsel for the Narcotics Control Bureau (NCB). Also perused the report of the prosecution agency.

(2.) This is an application u/s 439 Cr.P.C. praying for bail by the petitioner, namely, Nurezzaman Islam @ Nurajjaman, who is in detention in connection with NCB (Crime) Case No. 3/2019 under sections 21( c)/22(c)/29 of the NDPS Act, 1985.

(3.) Learned counsel for the petitioner Mr. Talukdar submits that no contraband substance was seized from the possession of the petitioner, nor any cogent material could be brought on record to connect the present petitioner with the offence of this case, except a statement of the co-accused purportedly recorded u/s 67 of the NDPS Act. The contention of the learned counsel is that one cannot be convicted for a serious offence, like the one under the NDPS Act, which provides stringent punishment, solely on the basis of a so-called confession of a co-accused.