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2022 Supreme(Gau) 48

ARUN DEV CHOUDHURY
Jiten Das S/o Lt. Barun Das – Appellant
Versus
Union of India and Through the Secretary to the Govt. of India, Ministry of Home, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M K Das, Adv.
For the Respondent: Mr. D. Nath. Sr. G.A.,Assam. Mr. K. Gogoi, C.G.C.

JUDGMENT :

Heard Mr. M. K. Das, the learned counsel for the petitioner. Also heard Mr. D. Nath, the learned Senior Government Advocate, Assam and Mr. D. Gogoi, the learned C.G.C representing the Union of India.

2. The facts of the case of the petitioner are as under:-

    (i) The petitioner is alleged to have been involved in four (4) Nos. of cases, under different provisions of Narcotic Drugs and Psychotropic Substance Act, 1985 (herein after referred to as the NDPS Act, 1985). The cases are as follows :-

(a) Bharalumukh P.S. Case No. 249/2016 U/S 21(a) of the NDPS Act, 1985.

(b) Basistha P.S. Case No. 1135/2016 U/S 22(a) of the NDPS Act, 1985.

(c) Jalukbari P.S. Case No. 968/2020 U/S 22(a) and 27 of the NDPS Act, 1985 and

(d) Jalukbari P.S. Case No. 601/2021 U/S 22(b) of the NDPS Act, 1985.

(ii) The petitioner was arrested in connection with the Jalukbari P.S. Case No. 601/2021 on 30.05.2021. At that stage, on 09.06.2021, the Commissioner of Police vide memo No. V/ DCP (Crime)/Ghty/ NDPS (Jiten Das)/2021/144 informed the Secretary to the Government of Assam, Home and Political Department that the petitioner is a repeated offender under the NDPS Act, 1985. Thereafter the competent authority i

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