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2022 Supreme(Gau) 710

DEVASHIS BARUAH
SAMSUN NOOR @ SAMSUL NOOR S/O LATE ABDUL MONAF – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Z. KAMAR, A. AHMED, M.A. CHOUDHURY.
For the Respondents: M. PHUKAN, R.J. BARUAH.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. A. Ahmed, the learned counsel for the applicant as well as Mr. M. Phukan, the learned P.P. Assam along with Mr. R.J. Baruah, the learned Addl. PP. I have also heard Mr. Z. Kamar, the learned senior counsel who vide the order dated 29.09.2022 was requested to assist the Court.

2. This is an application under Section 439 of the Code of Criminal Procedure, 1973 ‘for short, the Code’ for grant of bail to the applicant in connection with Nilambazar PS Case No. 432/2021, who had been in custody since 28.11.2021. At the outset it is relevant to mention that the case has been registered under Section 22(C)/25/29 of the NDPS Act, 1985, for short “the Act of 1985.”

3. The case of the applicant is that one Kamlesh Singh, SI of Nilambazar Police Station had lodged an FIR to the effect that at about 12.40 PM a specific information was received by the BSF intelligence team of M&C, BSF Mashimpur, Silchar regarding the presence of huge quantity of suspected narcotic drugs at the house of the applicant and his brother Abdul Basit. Accordingly a GD Entry

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