RUKOVEIN PHUBA Vs. STATE OF ASSAM
LAWS(GAU)-2018-9-83
HIGH COURT OF GAUHATI
Decided on September 15,2018

Rukovein Phuba Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Ajit Borthakur, J. - (1.) Heard Mr. S Borgohain, learned counsel for the petitioner as well as Mr. D Das, learned Additional Public Prosecutor, appearing for the State respondent Nos. 1 and 2.
(2.) By this petition under Section 482 of the Cr.PC, the petitioner, Smti. Rukovein Phuba has prayed for setting aside and quashing the impugned order, dated 30.01.2018, passed by the learned Special Judge, Golaghat in Special (NDPS) Case No. 03/2017, whereby charge has been framed against the accused-petitioner under Section 20(b) of the Narcotic Drugs Psychotropic Substances Act, 1985 (for short 'NDPS Act'), and also the entire proceeding in the aforesaid case.
(3.) The petitioner's case, in a nutshell, is that on 19.06.2017 at around 9:00 a.m., the Officer-in-charge of Golaghat P.S., Inspector Garga Narayan Bora, on receipt of a secret information to the effect that some persons were carrying suspected contraband 'ganja' by a night super bus from Dimapur to Tinsukia, he made a G.D. Entry being 790 and besides reporting the information to the higher authorities, detailed S.I. Jiten Hazarika to Rangajan for necessary action. Accordingly S.I. Jiten Chandra Hazarika, accompanied by Addl. S.P. and Deputy S.P. conducted search in the night buses near Rangajan Petrol Depot and recovered four packets containing 20 kgs of suspected 'ganja' from a night super bus bearing registration No. AS-01-DD-9395, carried by the petitioner and another. After observing necessary process of search, seizure, drawing of samples, arrest of the petitioner etc, S.I. Jiten Chandra Hazarika filed an F.I.R. before the Officer-in-charge of Golaghat Sadar P.S., whereupon Golaghat P.S. Case No. 391/2017 under Section 20(b) of the N.D.P.S. Act. After completion of investigation, the police submitted charge-sheet against the petitioner and 3 (three) others.;


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