JUDGMENT

Aniruddha Roy, J. - This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973 (for short, CrPC) by the petitioner.

Facts:-

2. The charge in connection with which the petitioner seeks bail is under 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act) in connection with NDPS Case No. 06 of 2021 arising out of Kalimpong Police Station Case No. 229 of 2021 (for short, the said case).

3. The petitioner is a resident of Siliguri, P.S. Pradhan Nagar.

4. The prosecution case is that on September 30, 2021 the Officer-in-charge, Melli, under Police Station Kalimpong lodged a written complaint to the effect that on the same day at about 15:15 hours Sri. Sanjay Ghosh, Inspector-in- charge, Kalimpong Police Station received secret information that a white and yellow Tata Sumo vehicle bearing registration no. SK-011-3522 (for short, the said vehicle) was coming from Siliguri towards Sikkim carrying contraband Drugs and Psychotropic substances. The Police Officer on the basis of the secret information seized the vehicle and conducted search after complying with the provisions of Section 42 of the NDPS Act. The moment the veh