AB 1543/2011 BEFORE HON BLE MR. JUSTICE A.C.UPADHYAY This is an application under Section 438 Cr.P.C. seeking pre arrest bail in favo ur of the petitioner, Sri Badar Uddin, in connection with Barpeta PS Case No. 322/2011 registered under sections 20(B) of NDPS Act. Heard Mr DK Sharma, learned counsel for the petitioner and Mr BS Sinha, learned Addl. Public Prosecutor, Assam. The learned Addl. Public Prosecutor by producing the case diary has appr ised this court regarding the progress of the investigation of the case. The FIR reveals that on 13.4.2011 , a person namely Abdul Rouph, son of late Abdul Mazid, resident of Palhaji came to Barpeta police station and inform ed the Officer- in- charge that the goods and timber in the truck belonged to him, however, he was not the owner of the truck. When the truck was seized by p olice, the driver of the truck fled away. The petitioner in this case is the own er of the truck wherefrom the contraband ganja was seized and he was not in t he truck when the ganja was seized. Considering the facts and circumstances of the case and further conside ring the circumstances leading to the filing of the FIR and the progress of the investigation of the case, I am of the considered view that this is fit case wh ere the petitioner can be extended the privilege of pre arrest bail. Accordingly, it is provided that the interim bail granted to the petiti oner on 6.6.2011 is hereby made absolute. However, he shall appear before the I .O. as and when so required and shall cooperate with the investigation of the ca se. The bail petition stands disposed of.