O R D E R

(CAV)

Heard Mr. T. Chutia, the learned counsel for the petitioner. Also heard Mr. M.

Phukan, the learned Public Prosecutor, Assam appearing for the State respondent. Mr. Z. Kamar, learned senior counsel, has appeared pro-bono for rendering his assistance to this Court, on request.

2. This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Sri Rantu Kachari, in connection with Gogamukh P.S. Case No.98/2021, registered under Sections 20(b) of the NDPS Act.

3. The fact of the case is that, on 12.06.2021, an FIR was lodged by the Sub- Inspector of Police-Mahidhar Ramchiary of Gogamukh Police Station to the effect that, at about 8.30 A.M. on that day, 13 Kilograms of ganja was seized from the possession of the accused person i.e. the petitioner. The petitioner was arrested during the course of investigation and was forwarded to judicial custody, vide forwarding report dated 13.06.2021. While he was in custody, an application for bail was moved under Section 437 of the Code of Criminal Procedure, before the learned Special Judge, Dhemaji. The petitioner was in judicial custody for 58 days at that point of time. The application for bail,