ORDER

1. Leave granted.

2. The appellant, Binod Kumar @ Binod Kumar Bhagat son of late Krishna Kumar is facing trial for the offences punishable under Sections 272, 273/34 of the Indian Penal Code, Sections 27(b)(ii), 28, 36AC of Drugs & Cosmetics Act, 1940 and Section 22(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act, 1985). He has been in custody since 24.08.2016 in Araria P.S. Case No. 546 of 2016.

3. The prosecution has alleged that on 23.08.2016, a search was conducted at Azad Transport Company Pvt. Ltd., Sadakat Complex, Navratan Chowk, where 4000 bottles of Corex cough syrup containing codeine was recovered and on being asked, the accused appellant, who is running the said transport agency placed a consignment note before the Drug Inspector but instead of the drugs shown in the consignment note, 40 cartons containing 100 bottles each of Corex cough syrup (100 ml) having codeine was recovered and the accused did not show any documents with regard to such recovered cough syrup. The prosecution further states that the drug was recovered from the godown being managed by the appellant.

4. Learned senior counsel appearing for the