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HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MRIDUL KUMAR KALITA
Kumarjit Deb, S/O Karunamoy Deb – Appellant
Versus
State Of Assam Represented By The Public Prosecutor – Respondent
ORDER :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. H. R. A. Choudhury, learned senior counsel assisted by Mr. M. A. Choudhury, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor appearing for the State of Assam.
2. This bail application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Kumarjit Deb, in connection with Karimganj P.S. Case No. 19/2024, under Section 22(c)/25/29 of the NDPS Act, 1985 praying for his bail.
3. The gist of accusation in this case is that, on 06.01.2024, one Krishnamoni Kolita, WSI of Karimganj Police Station had lodged an FIR before the Officer-in-charge of Karimganj Police Station, inter alia, alleging that on 06.01.2024, at about 5:30 PM, an information was received through reliable sources to the Superintendent of Police of Karimganj that one four wheeler red colour Wagan-R car bearing Registration No. AS-11-D-8655 coming from Badarpur to Patharkhandi through National Highway No. 37 was carrying huge quantity of suspected drugs hidden inside the said vehicle. Accordingly, a GD entry bearing GD Entry No. 152 dated 06.01.2024 was made at Karimganj Police Station
Point of Law : Narcotic substances - Illicit drugs/substances - Grant of bail - prosecution’s case against applicant having been rendered shaky, this Court is also inclined to accept plea that requis....
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