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2024 Supreme(Online)(GAU) 7743

HIGH COURT OF GAUHATI
MRS. JUSTICE MALASRI NANDI, J
MD. ISLAOUR RAHAMAN – Appellant
Versus
THE STATE OF ASSAM – Respondent


Advocates:
MR. Y S MANNAN, MS N DEKARAJA

ORDER

Date : 13.09.2024 Heard Mr. Y. S. Mannan, learned counsel for the accused petitioner. Also heard Mr. B. B. Gogoi, learned Addl. P.P., Assam.

2. This is an application under Section 482 Cr.P.C. against the order dated 06.05.2024 passed by the learned Special Judge, Karbi Anglong in NDPS Case No. 33/2023, rejecting the prayer for zimma of a truck bearing registration No. NL-01-AD-8728 along with its keys seized in connection with Khatkhati PS Case No. 15/2023, under Section 21(C)/29 of NDPS Act.

3. The brief facts of the case is that an FIR has been lodged at Khatkhati PS to the effect that on 19.02.2023 based on a source information that a large quantity of narcotic drugs were coming from Manipur to Bokajan in a truck bearing No. NL-01 AD-8728 and accordingly, the said truck was intercepted. On being searched, around 4.109 kgs of suspected heroin was recovered from a hidden chamber of the said truck. Thereafter, a case was registered vide Khatkhati PS Case No. 15/2023 under Section 21(C)/29 of NDPS Act.

4. After completion of investigation, charge-sheet has been laid against three accused persons Shoaib Aktar, Md. Ikbal and Abdul Gani but not against the present petitioner and tri

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