THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

Advocate for the Petitioner : MR. A K TALUKDAR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

13.06.2022 ORDER Heard Mr. A.K.Talukdar, learned counsel appearing for the accused petitioner as well as Mr. R. R. Kaushik, learned Addl. P.P., Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Mohan Mia, has prayed for grant of bail in connection with Special NDPS Case No.20/2019 under Section 20(C) of the N.D.P.S. Act, 1985. The scanned copy of the case record along with the case diary, as called for, is Page No.# 2/3 placed before the Court. Mr. A. K. Talukdar, learned counsel appearing for the accused applicant, submits that the accused has been facing trial for alleged communication of the offence for possessing commercial quantity of ganja and in the case, out of the 9 (nine) listed witnesses in the charge-sheet, 4 (four) prosecution witnesses are examined. Mr. Talukdar, further submits that none of the aforesaid witnesses has specifically implicated the accused nor his name appeared in the F.I.R. Therefore, Mr.

Talukdar, learned counsel for the accused applicant, vehemently submits that the accused, who is in judicial custody since 27.03.2019 and who is belonged to a poor family and sole bread earner of it, his further continuation in judicial custody for the remaining part of the trial may not be required. Opposing the bail application, Mr. R. R. Kaushik, learned Additional Public Prosecutor, submits that the present accused was arrested after one Lala Kumar, the driver of the seized vehicle, was initially arrested in connection with the case and as it has come in the evidence of PW-2, the present accused managed to escape arrest. Mr. Kaushik, therefore, submits that at the present stage of trial, the accused may not be granted the liberty of bail. The case relates to recovery and seizure of 711.100 kg of ganja contained in 29 numbers of packet while transported in a truck bearing registration No. NL 02 L 2481 driven by one Lala Kumar near Dhaligaon BGR main gate.

A perusal of the case record, it transpires that the learned trial court framed a charge under Section 20(C) of the NDPS Act and thereafter, as per order of this court passed in BA No. 2991/2019, co-accused Lala Kumar was enlarged on bail vide order, dated 27.11.2019. However, as the said accused discontinued his appearance and his presence could not be secured despite best efforts, the case Page No.# 3/3 was split up to continue trial against the present accused vide order, dated

18.09.2021. It is noticed that 7(seven) prosecution witnesses are examined till date and 2(two) more most material witnesses are yet to be examined in the case. His name has specifically come in evidence and there is indication on evidence to show that the present accused, who is a resident of Tripura, associated with the absconding co-accused in transporting the aforesaid huge quantity of ganja which was transported by the seized truck from West Tripura towards Bihar state. Therefore, this court finds that it cannot be said conclusively at the present stage of trial of the case that the accused is not guilty of the charge and that he is not likely to commit similar offence while on bail and that he will not jump the remaining part of trial of the case. Accordingly, the bail application of the accused stands rejected. It is, however, directed that the learned trial court shall make an endeavor to expedite trial of the case to ensure its early disposal. Be it mentioned here that no observation made in this bail order shall have any bearing on the judicial discretion of the learned court below. This disposes of the bail application. JUDGE Comparing Assistant