Ujjal Bhuyan, J.

We have heard Mr. N. Dutta, learned Senior counsel assisted by Ms. T. Som, learned counsel for the petitioner and Mr. P.P. Baruah, learned Public Prosecutor, Assam. We have also heard Mr. G.N. Sahewalla, learned Senior counsel who has assisted the Court as the amicus curiae.

2. This anticipatory bail application is before us as per order of Hon’ble the Chief Justice dated 21-07-2017 on the administrative side following an order passed by the learned Single Judge in the present application on 17-07-2017.

3. Submissions made by learned counsel at the Bar have received the due consideration of the Court.

4. Before we advert to the referral order, it would be apposite to briefly narrate the facts of the case.

5. Facts of the case :

Petitioner claims to be a businessman of Barpeta. A first information was lodged before the Officer-in-Charge, CID Police Station, Assam by one Shri Nirmal Baishya, APS, Additional Superintendent of Police, CID, Assam on 07-12-2012 stating that on the basis of specific source information, two trucks were intercepted on NH 37 at Amingaon, Guwahati on 07-12-2012 at about 7 AM. On search of the two trucks, 60 bags of rice of 50 kg e