ORDER

Date : 27-04-2021 Heard Mr. S.M. Abdullah, learned counsel for the accused-petitioner and Mr. B.

Sarma, learned Additional Public Prosecutor for the State of Assam.

2. By this application under Section 439, Code of Criminal Procedure, 1973 (CrPC), the accused-petitioner viz. Arif Ali has prayed for his release on bail as he is in custody in connection with Tarabari Police Station Case no. 49/2021, registered under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act, for short).

3. From the First Information Report (FIR) registered on 11.03.2021 and the forwarding report dated 12.03.2021, it has emerged that on receipt of an information that some activities of drugs peddling were going on at Bahri Bazar area at about 06-05 p.m. on 11.03.2021, a team of police personnel proceeded to the spot and apprehended 2 (two) persons viz. 1) Arif Ali i.e. the accused-petitioner; and 2) Zakaria Ahmed when they were proceeding on a motorcycle (AS-15/Q-2547) near Bahari Petrol Pump. After intercepting them, they were searched and on being so searched, 16 (sixteen) nos. of plastic containers containing powder like substance (suspected to be brown sugar), kept inside a polythene bag, etc. and other articles were recovered and seized from the possession of the said two persons. The quantity of suspected brown sugar with the containers was found to be 20.44 grams.

4. Learned counsel for the accused-petitioner has submitted that the accused- petitioner is a student of Class XII and he would be appearing in the Higher Secondary Examination under the Meghalaya Board of School Education in this year. It is submitted that the alleged quantity of suspected contraband is below commercial quantity and considering the period of detention and the progress made in the investigation till date, the accused-petitioner may be released on bail subject to any terms and conditions.

5. Learned Additional Public Prosecutor has submitted that the concerned case diary has been received. Referring to the materials in the case diary, he has submitted that the sample taken out from the seized suspected brown sugar had been sent to the Forensic Science Laboratory (FSL), Assam, Guwahati on 12.03.2021 and the FSL report is awaited. The total quantity of suspected brown sugar was about 3.03 grams when the same was weight after taking out of the plastic containers.

6. I have considered the submissions made by the learned counsel for the parties and perused the materials available in the case diary, produced by the learned Additional Public Prosecutor.

7. Available literature indicates that brown sugar is an adulterated form of heroin and is usually made available in powder form. The substance is about 20% heroin. As per the Table appended to the NDPS Act, a quantity of heroin up to 5 grams falls under small quantity and a quantity above 250 grams is specified as commercial quantity. Subsequent to the recovery and seizure of 3.03 grams of suspected brown sugar, as noted above, from the possession of the accused-petitioner and the other person, no subsequent recovery of suspected contraband has been made till date. The recovery prima facie indicates about possession of suspected brown sugar of small quantity in the possession of the accused-petitioner.

8. Considering the nature and gravity of the allegations; the punishment for an offence for possession small quantity of suspected brown sugar under the NDPS Act; and the facts that the accused-petitioner is a student of Class XII who is to appear in the Higher Secondary Examination this year; and the period of detention of the accused-petitioner since 12.03.2021, I am of the considered view that further custodial detention of the accused-petitioner is not necessary for the purpose of carrying out further investigation of the case and his release on bail at this stage of investigation is not likely to hamper the course of further investigation, provided he continues to extend his cooperation and assi