JUDGMENT :

Rumi Kumari Phukan, J.

1. The present application has been preferred by the petitioner Prasenjit Das who is serving as a Sub-inspector of police in the Assam Police Department under section 482 Cr.P.C. for quashing of the FIR pertaining to Silapathor PS Case No. 133/2017 u/s. 120B/211/384 of IPC.

2. Necessary factual matrix depicted from the record reveals that on 09.07.2016 while one Atul Bora SI Silapothar PS while on duty alongwith other police officials in check-post of Piyang chapori village stopped one Tata sumo Vehicle no AR 09-3982 proceeding from Silapathar to Bogibil and on checking of the vehicle they found one passenger namely Siddarth Jadav, a person from Maharashtra carrying one packet of Glucon-D containing 14 grams of heroine (drugs). The aforesaid drugs were seized from his possession as per seizure list and he was arrested u/s. 43 NDPS Act. After thorough interrogation, it was known that the accused Siddarth was working under 3 persons namely 1. Kishore Keshwani, 2. Kai Seth and 3. Nanda Jethani who hails from Mumbai, who were involved in the drug business and the said accused Siddarth carried the drugs to those 3 persons. The phone No. of two of the accused persons was also revealed by the arrested accused Siddarth.

3. On the basis of the aforesaid FIR, Silapathar PS Case No. 194/2016 was registered u/s. 21 NDPS Act. The seized article was sent for examination at Forensic Science Laboratory and the article was found to be "Cocaine" percentage was of 49.37. During investigation, a team of police officers was sent to Mumbai to ascertain the particulars given by the arrested accused persons. After the investigation, charge-sheet was submitted against the said accused Siddarth u/s. 21 of the NDPS Act with the submission by the I/O. that there was lack of evidence against the other FIR named accused with a prayer to discharge those persons vide charge sheet No. 113 dated 19.07.2017.

4. That on 02.05.2017 the aforesaid FIR named accused persons namely Kishore Keshwani, Nanda Jethani, Kai Seth @ Amar R. Jethani addressed a letter to the Chief Minister, Assam, DGP, Assam, SP, Dhemaji, O/C Silapathar PS alleging that the aforesaid Silapathar PS Case No. 194/16 dated 9.7.2016 has been registered against them falsely. It is alleged that the said FIR was filed against them by projecting the accused Siddarth by one Anil Jai Singhani and his gang members with the active help of the reserve officer i.e. the present petitioner and the police officials Silapathar. The aforesaid letter was registered as Silapathar Case No. 133/2017 u/s. 120B/211/384 of the IPC. According to those three informants, they have call details to show the connection of the present petitioner with those miscreants.

5. Now the petitioner being aggrieved with the registration of the FIR of being Silapathar PS Case No. 133/17 u/s. 120B/211/384 of the IPC, the present petition has been preferred challenging the credibility of the aforesaid FIR on the ground that prima facie no offence is made out as against the petitioner from the substance of the said FIR. Further, it contends that Silapathar PS Case No. 194/2016 was registered on specific evidence on recovery of drugs which was found to be Cocaine and the petitioner was no way associated to the investigation of the aforesaid case nor he was a team member who visited Mumbai. The petitioner being a police officer may have phone communication with his superior as well as his subordinate, but there is nothing to show that the accused person has some communication with said Anil Jai Singhania and his gang. Accordingly it has been contended that there being no any prima facie materials against the present accused petitioner under said section of law.

6. I have heard Mr. A.K. Bhuyan for the petitioner, Mr. GN Sahawalla for the respondent No. 2 and Ld. PP for the Stated and also perused the CD for both the cases.

7. I have gone through the FIR dated 9.7.2016 by the SI of police, Silapathar PS as well as the