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2022 Supreme(Gau) 724

ROBIN PHUKAN
Sofiqul Islam @ Safiqul Islam Son Of Late Sujab Ali Sarkar – Appellant
Versus
Narcotics Control Of Bureau And Anr Guwahati – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR H R A CHOUDHURY

JUDGMENT :

Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. S.C. Keyal, learned standing counsel for the respondent-NCB.

2. In this petition under Section 482 of the Cr.P.C., read with Article 227 of the Constitution of India, the petitioner, Md. Sofiqul Islam @ Safiqul Islam has challenged the legality, propriety and correctness of the order dated 20.12.2021, passed by the learned Addl. District & Sessions Judge No.2, Kamrup (M) at Guwahati, in NDPS Case No.60/2019.

3. It is to be noted here that vide the impugned order dated 20.12.2021, the learned Court below has framed charge against the petitioner under Section 8(c)/21(c)/22(c)/29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (here-in-after referred to as ‘the NDPS Act’).

4. The factual background leading to filing of the present petition, is briefly stated as under:

    “On 28.02.2019, at about 1800 Hrs., Sri Phani Narjary, Intelligence Officer, Narcotics Control Bureau, Guwahati Zone received one information that one Mograb Ali along with one Jiaur Rahman and Abdul Motleb Mir, using fake documents, are going to transport huge quantity of Relaxcof and Recofex Codeine based cough syrup consignment by

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