Judgment

DR. ARIJIT PASAYAT, J.- Challenge in this appeal is to the judgment of the learned Single Judge of the Gauhati High Court, Imphal Bench, upholding the order passed by the learned Special Judge, NDPS, Manipur, Imphal, in Crl. Complaint Case No. 32 of 2000, by which bail was granted to the respondent.

2. Background facts in a nutshell are as follows:

On 17-1-2000 the appellant received information in writing from a casual source that a Tata truck bearing Registration No. MN 5113 carrying ganja would be proceeding from Imphal area towards Guwahati in the early hours of 18-1-2000. It was immediately reported by the appellant to its superior officer i.e. Superintendent, NCB, RU, Imphal, who issued order to the appellant to take necessary action. The appellant along with other members of staff of NCB led by the Superintendent kept vigil along the Imphal-Ukhrul Road and started checking of vehicles.

3. Around 7.00 a.m. on 18-1-2000 a Tata truck was seen approaching the road. The said vehicle was intercepted and stopped by the appellant. The vehicle was occupied by a driver (the respondent herein) and one Purna Bahadur, handyman. The vehicle, the accused and the handyman were brou