TSHERING GANJAY LACHUNGPA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This is an application for bail filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) read with Section 37 of Sikkim Anti Drugs Act, 2006 (SADA, 2006).

(2.) The First Information Report (FIR) against the applicant was lodged on 07.10.2020 before the Rangpo, Police Station alleging that on 07.10.2020 while on a routine checking at the Rangpo check post the applicant was intercepted in a Siliguri- Gangtok bound incoming commercial vehicle bearing registration number SK01J- 0042 under suspicious circumstances. The applicant was searched in the presence of two witnesses and the SDPO/Rangpo after he exercised his option under Section 24 of the SADA 2006. During the search the following items were seized:-

(3.) It was alleged that the applicant was not able to produce any valid license under the Drugs and Cosmetics Act, 1940 or the Sikkim Trade License Act and the prescription of a qualified medical practitioner. Thereafter, the aforesaid items were seized and the applicant was arrested under Section 7(a)7(b)/9 and 14 of the SADA, 2006.