JUDGMENT :

Heard Mr. A. Rahman, learned counsel for the accused-petitioner and Ms. P. Das, learned counsel for the respondent Narcotics Control Bureau [NCB].

2. By this application under Section 439, Code of Criminal Procedure, 1973 [‘CrPC’ or ‘the Code’, for short], the accused-petitioner viz. Satyendar Ray has sought for his release on bail in connection with N.D.P.S. Case no. 36/2020, arising out of NCB Crime Case no. 18/2019, presently pending before the Court of learned Additional Sessions Judge No. 5, Kamrup [Metro], Guwahati [‘the Special Court’, for short], registered under Sections 8[c]/Section 20[b][ii][C] and Section 29 of the Narcotic Drugs and Psychotropic Substances [NDPS] Act, 1985. It may be mentioned that the petitioner’s earlier bail application, B.A. no. 945/2021, was rejected by an order dated 24.06.2021.

3. The NCB Crime Case no. 18/2019 came to be registered in the following fact situations and the prosecution case, in brief, is as under :-

3.1. A specific information at about 15-00 hours on 07.12.2019 was received by the office of the Narcotics Control Bureau [NCB], Zonal Office, Guwahati to the effect that a huge quantity of Ganja was being transported in a truck bearing registration no. WB-11/D-7813 [‘the subject-vehicle’, for short] from Agartala to Guwahati by the accused-petitioner and the subject-vehicle would arrive at a place near M/s Health City Hospital, Khanapara, National Highway no. 37, Guwahati at about 05-00 hours on 08.12.2019. On receipt of the information, the same was brought to the notice of the higher authorities in the Narcotics Control Bureau [NCB], Zonal Office, Guwahati and an Office Order was issued, whereby, a team of NCB personnel was formed to take necessary action. The team of NCB had, thereafter, reached near M/s Health City Hospital, Khanapara, National Highway no. 37, Guwahati at around 02-50 hours p.m. on 08.12.2019. The presence of two independent witnesses was secured after getting consent from them to carry out the proposed search. When the NCB team along with the two independent witnesses waited near M/s Health City Hospital, Khanapara, National Highway no. 37, Guwahati, the subject-vehicle arrived at that place at around 03-45 hours on 08.12.2019. Thereafter, the NCB team intercepted the subject-vehicle and the team found one occupant as the driver i.e. the accused-petitioner inside the subject-vehicle. The subject-vehicle was searched by the NCB team in presence of the accused-petitioner and the two independent witnesses. When searched, it was found that there was a cavity inside the driver’s cabin of the subject-vehicle sealed with steel sheets packed with nut bolts. When the said cavity was opened in presence of the accused-petitioner and the independent witnesses by the NCB team, 15 packets were found inside the cavity. On cutting open the packets, dried flowering tops believed to be Ganja were found. A small quantity of the dried flowering top was taken from each of the 15 packets and tested separately with the field drug detection kit and the tests gave positive result for Ganja. When weighed, the contraband [Ganja] found to be 199.450 Kgs in weight. Samples were drawn from those 15 packets. An inventory/search-cum-seizure memo and a panchnama of seized goods were prepared. The samples were handed over to the Godown In-Charge of the NCB after obtaining receipts.

3.2. The accused-petitioner was arrested at about 16-00 hours on 08.12.2019. After arrest, the accused-petitioner was produced before the Court of learned Chief Judicial Magistrate, Kamrup [Metro], Guwahati on 09.12.2019 and on being so produced, he was remanded to custody on 09.12.2019. Since 09.12.2019, the accused-petitioner is in custody.

3.3. Samples of suspected contraband, 15 in nos., were sent to the Forensic Science Laboratory [FSL], Assam at Guwahati on 09.12.2019 for chemical analysis. The FSL Report of the chemical analysis in respect of the samples was received from the FSL on 29.05.2020. The FS