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2022 Supreme(Gau) 321

SANJAY KUMAR MEDHI
AMINUL ISLAM S/O EFAZUDDIN AHMED @ EFAZZUDDIN AHMED – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A. SAIKIA.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. Heard Shri A. Saikia, learned counsel for the petitioner, namely, Aminul Islam, who has filed this application under Section 439 CrPC seeking regular bail in connection with NDPS Case No. 60/2019 arising out of NCB Crime No. 03/2019 registered under Section 8(c) and punishable under Sections 21(c)/22(c)/29 of NDPS Act, 1985. Also heard Shri SC Keyal, learned Standing Counsel, NCB.

2. The petitioner was arrested on 06.10.2020.

3. In terms of the order passed earlier, the scanned copy of the case records has been transmitted to this Court.

4. Shri Saikia, the learned counsel for the petitioner makes the following submissions:

    i. The petitioner is not an FIR named accused and the FIR is primarily against Mograb Ali, Jiaur Rahman and Abdul Motleb Mir.

ii. The name of the petitioner was inserted as accused no. 6 only in the time of final complaint by the NCB.

iii. No contraband was seized from the petitioner or from his conscious possession.

iv. The petitioner has been arrested only on the basis of the statements made under Section 67 of the NDPS Act by

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