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2013 Supreme(Gau) 197

TINLIANTHANG VAIPHEI
Haji Samsul Hoque Talukdar – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Mr. S.K. Nargis, Mr. A. Neog & Mr. S. Oraon
For Respondents/Defendant:Mr. R. Dubey, Advocate & SC, Central Excise

JUDGMENT

Tinlianthang Vaiphei, J.

1. This bail application is one under Section 439 Cr.P.C. for granting bail to the petitioner, namely, Md. Haji Samsul Hoque Talukdar@ Pakhi Mia @ Munna Bhai, who has been detained in custody/shown arrested since 23.5.2008 in connection with Sessions (Spl.) Case No. 05(K)/2005 pending before the learned Sessions Judge, Kamrup arising out of DRI Case No. 2/Narc/Ganja/DRI/Gau/2005-06 under Sections 8/20/23/27A/60/61 ND&PS Act. The facts material for disposal of this application may be briefly noticed at the outset. On 5.9.2005 at 21.00 hours, acting on specific information, the officers of the DRI, Guwahati, with the assistance of the Assam Police personnel intercepted 3 Tata Trucks bearing registration numbers DL 6D 8935, DL 6D 3597 and DL 6D 2483 at the southern end of the Kaliabhomra bridge on Brahmaputra river, Assam, and searched the trucks which resulted in the recovery of 479 packets "Manipur Ganja" weighing 9,208.6 kg., 8 AK 47 series rifles, 12 rounds of live ammunitions and 10 extra magazines along with 12 persons. A regular case was thereafter registered being DRI case No. 2/Narc/Ganja/DRI/Gau/2005-06, dated 5.9.2005. According to the prosec




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