ORDER

05.08.2024

1. Heard Ms. S.K. Nargis, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State.

2. This application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Sadique Ul Hoque, who has been detained behind the bars since 01.03.2024 (for last 157 days) in connection with Hatigaon P.S. Case No. 39/2024, under Section 20(b)(ii)(C)/29 of the NDPS Act, 1985.

3. The gist of accusation in this case is that on 01.03.2024, one Sri Jeewel Das, SI of Police of Hatigaon Police Station, lodged an FIR before the Officer-in-Charge of Hatigaon Police Station, inter-alia, alleging that an information was received from one Atul Malakar to the effect that his tenant , namely, (1) Md. Haleef Afridi, and (2) Sadique Ul Hoque have been running illegal business of narcotics substance from his rented room situated at Puberun Path, House No. 38, Bye Lane No. 8, Hatigaon. After receiving the said information, the police team from Hatigaon Police Station proceeded to the said place and conducted the search inside the house.

4. During the search operation, 12 numbers of sealed packet wrapped wit