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Judgment
Indrajit Mahanty, CJ
Heard learned counsel for the respective parties.
This is an application under Section 438 of Cr.P.C arising out of Case No. 2022 NCC 062 dated 17.05.2022. Learned counsel for the applicant namely Shri Ranjit Debbarma submits that on 17th May, 2022, a raid was conducted on his residence on the apprehension or allegation that the applicant was dealing with narcotic drugs. Such raid was carried out; admittedly, upon completion of the search, nothing incriminating was found against the applicant. He further submits that the applicant is by profession a private driver working for a Banker in the same locality and he has no connection whatsoever with the allegations made by the prosecution.
On the other hand, Mr. Ratan Datta, learned Public Prosecutor while accepting the aforesaid facts, submits that the applicant somehow managed to escape from the house at the time of the search and seizure and from the possession of one Albis Debbarma, who was present in the house of the applicant, certain narcotic substances were seized and he was duly arrested. Mr. Datta, learned Public Prosecutor, further submits that the said Albis Debbarma in his 161 statement, recorded by the police while he was in detention, allegedly stated that he had procured the narcotic substance (brown sugar) from the applicant. In other words, based on the statement of the main accused i.e. Albis Debbarma from whose custody allegedly drugs had been seized forms the foundation of the objections raised by the learned Public Prosecutor.
The learned counsel for the applicant also asserts that the applicant has never been implicated or associated with any transactions of the NDPS Act and the learned Public Prosecutor submits that he has also no instructions on the antecedents of the applicant. Therefore, the learned counsel for the applicant is directed to file an additional affidavit stating true facts about his prior antecedents before this Court and the learned Public Prosecutor shall also obtain from the police authority about the antecedents, if any, of the applicant.
As an interim measure, this Court directs that the applicant shall not be arrested till the next date; however, he shall participate in any investigation for which his presence before the IO may be necessary.
List this matter on 04.11.2022.