ORDER

Date : 08-05-2019 Heard Mr. S.M. Abdullah P, learned counsel for the accused-petitioner as well as Mr. N.J. Dutta, learned Additional Public Prosecutor, Assam for the State respondent.

By this application under section 439 of the Cr.P.C., the petitioner namely, Sri Hirak Jyoti Deka has prayed for grant of bail, in connection with Baihata Chariali PS Case No.

108/2019 under Section 20(b) of the NDPS Act.

The case diary, as called for, is placed before the Court.

Mr. S.M. Abdullah P, learned counsel for the accused-petitioner, submits that the quantity of suspected drugs recovered out of the possession of the accused, and another being weighted 5 gms 140 mgs, it amounted to intermediate quantity. Mr. Abdullah further submits that the petitioner had purchased the seized heroine for his personal consumption and not for any commercial purpose. According to Mr. Abdullah, the offence under Section

20(b) of the NDPS Act is a bailable offence.

Mr. N.J. Dutta, learned Additional Public Prosecutor, Assam, submits that from the case diary, it appears that 5 gms 140 mgs of drugs suspected to be heroin was recovered out of the possession of the present accused and another amounts to intermediate