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HIGH COURT OF GAUHATI
S. Nawaz, J
Md. Kari @ Md. Jiyauddin – Appellant
Versus
Narcotics Control Bureau (NCB) – Respondent
| Table of Content |
|---|
| 1. petitioner's arrest and charges under ndps act. (Para 2 , 3 , 4 , 5) |
| 2. acquittal of co-accused impacts petitioner's bail application. (Para 10 , 11) |
| 3. claims of constitutional rights violations. (Para 12 , 16) |
| 4. prosecution's failures regarding evidence and chain of custody. (Para 19 , 20) |
| 5. findings support grant of bail under ndps act. (Para 21 , 22 , 24) |
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 D
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