ORDER :

[Arun Dev Choudhury, J.]

1. Heard Mr. A W Aman, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam.

2. This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioner, namely, Anil Malakar, who was shown arrested on 10.05.2023 in connection with Special (NDPS) Case No. 41(H)/2023 registered under Sections 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 arising out of Lumding PS case No. 181/2022.

3. Mr. Aman, learned counsel arguing for grant of bail submits that in view of the determination made by the Hon’ble Apex Court in the case of State vs Pallulabid Ahamed Arimutta & Others reported in 2022 12 SCC 633, the ratio laid down in the case of Tofan Singh vs State of Tamil Nadu reported in (2021) 4 SCC 1, regarding value of confessional statement recorded under Section 67 of the NDPS Act, such statement shall remain inadmissible even at the stage of consideration of the bail. Therefore, in view of such settled proposition of law, the petitioner is entitled for grant of bail.

4. Per contra, Mr. Das, learned Additional Public Prosecutor relying on the judgment of