The court established that significant flaws in evidence and lack of mens rea warrant bail under the NDPS Act.

JUDGMENT :

1. Heard Mr. S. NawAz, learned counsel for the petitioner and also heard Mr. S.C. Keyal, learned Standing Counsel, NCB.

2. This is an application under Section 483 BNSS, whereby the accused- petitioner, namely, Md. Kari @ Md. Jiyauddin who was arrested on 16.06.2020 in connection with NDPS PS Case No. 108/2020 under Section 8(c)/20(b)(C)(ii)/29 of NDPS Act , 1985 is seeking bail.

3. That on 15.06.2020, at around 04.00 P.M., an Intelligence Office of the Narcotics Control Bureau (NCB) allegedly received confidential information from a reliable source regarding the transportation of Ganja (Cannabis) by three individuals, including the accused petitioner, namely, Md. Kari @ Md. Jiyauddin, Ghuntun Ray, and Ravindra Ray, in a truck bearing Registration No. CG 08 L- 3066, expected to arrive near Priti Bhoj Dhaba, NH-37, Baihata Chariali, around 07:00 A.M. on 16.06.2020. At approximately 07:15 A.M., the said truck arrived and was intercepted, and upon preliminary questioning, the occupants identified themselves as the aforementioned individuals, with Ravindra Ray being the driver. A search of the vehicle revealed a concealed cavity behind the driver's seat, sealed with screws, from which 36 packets wrapped in brown cello tape were recovered. Upon opening, the packets allegedly contained dried flowering and fruiting tops suspected to be ganja, and representative samples drawn from each packet tested positive for cannabis using a Drug Detection Kit. The total weight of the seized contraband was recorded as 484.3 kilograms.

4. That the NCB issued notices under Section 67 of the NDPS Act , 1985, to all the accused persons, including the accused petitioner, Md. Kari, as well as the independent witnesses, on 16.06.2020, and recorded their statements regarding the incident.

5. That on 16.06.2020, subsequently, the accused petitioner and the co- accused were arrested by the NCB team, for allegedly committing an offense under Section 8(c) read with Sections 20(b)(il)(c) and 29 of the NDPS Act . A memorandum of arrest was served upon the accused petitioner, Md. Kari @ Jiyauddin.

6. The NCB filed the Final Complaint in the present case under Sections 8(c), 20(b)(ii)(c), and 29 of the NDPS Act , implicating all the arrested individuals, including the accused petitioner. Additionally, three accused, namely Sukur, Narayan, and Kali Ray, were shown as absconders in the complaint. NDPS Case No. 108/2020 was thereafter registered. Meanwhile, the absconding accused, Sukur @ Aminur Islam, was also arrested and taken into custody.

7. The accused petitioner, had preferred a bail application before this Court, being B.A. No. 456/2021, but vide order dated 05.04.2021, his bail prayer was rejected.

8. During the pendency of the proceedings in NDPS Case No. 108/2020, the accused petitioner was taken from Guwahati Central Jail to Patna Central Jail on a production warrant for the purpose of completing procedural formalities in connection with Special Case (NDPS) No. 7/2019 before the Special (NDPS) Court No. 1, Patna.

9. Subsequently the present case i.e. NDPS Case No. 108/2020 was split up separating the proceedings concerning the present accused petitioner from the others. Subsequently, charges were framed against the other accused persons and after a trial the said accused persons were acquitted by the learned Special Judge, NDPS, Kamrup(M).

10. Subsequently, the present petitioner was acquitted in Special Case (NDPS) No. 07/2019 on 09.06.2025 i.e. the case where he was under trial at Patna and was therefore returned from Patna Central Jail and the split up case against the presen