THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM & Anr. v. NARCOTICS CONTROL BUREAU
Case at a glance
Outcome
Bail refused
Accordingly, the bail application stands rejected
Provisions considered
- Code of Criminal Procedure, 1973 ss. 299, 439
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 8(c), 20(b)(ii)(C), 29, 35, 37, 54, 60, 61, 66, 68, 69
Judgment
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
20.07.2022 ORDER Page No.# 2/3 Heard Mr. S. Borthakur, learned counsel appearing for the accused petitioners as well as Mr. S.C. Keyal, learned Standing Counsel, NCB. By this petition under Section 439 Cr.P.C., the accused petitioners, namely, 1. Bayar Debbarma @Jakki and 2. Sahison Debbarma @Sanjit have prayed for grant of bail in connection with NDPS Case No. 05/2022 pending in the Court of learned Special Judge, Kamrup, Amingaon arising out of NCB Crime No. 17/2021 u/s 8(c)/20(b)(ii)(C)/29/35/54/60/61/66/68/69 of the NDPS Act, 1985. The scanned copy of case record along with the case diary, as called for, is placed before the Court. Mr. S. Borthakur, learned counsel appearing for the accused petitioners, submits that both the accused petitioners are in judicial custody since 23.07.2021, that is for last nearly 1(one) year and without any progress in trial of the case due to absconding of other accused.
Mr. Borthakur, therefore, submits that prolonged detention in judicial custody without commencement of trial has violated their right to speedy justice and in such circumstances, they may be directed to be released on bail subject to any condition(s). Opposing the bail application, Mr. S.C. Keyal, learned Standing Counsel for N.C.B., submits that the case involves seizure of 537.26 kg of ganja from the possession of the accused persons while they were transporting the same by a truck. Therefore, Mr. Keyal submits that the bail application in such a serious case may not be considered at the present stage of the case, where the trial is yet to commence. The case relates to seizure of 537.26 kg of Ganja from one truck bearing Page No.# 3/3 registration No. HR-55U-6974 at NH-37 in front of Narayana Super Speciality Hospital, Amingaon, Guwahati. A perusal of the seizure memo shows that the above mentioned huge commercial quantity of ganja was seized from a secret cavity specially made in the roof of the seized truck.
Operative part
The seized ganja was illegally transported from Mahanpur Forest, Agartalala, Tripura for delivery at Purnia, Bihar. Therefore, in view of the stringent bar provided under Section 37 of the N.D.P.S. Act in providing the liberty of bail to the accused in a case involving offences of commercial quantity and further, in view of abundance of sufficient incriminating prima facie materials against the accused petitioners, this Court is of the opinion that they cannot be released on bail at the present stage. Accordingly, the bail application stands rejected. It is however, provided that the accused petitioners shall have liberty to file fresh bail application before the learned trial Court at an appropriate stage of trial of the case. The learned trial Court is directed to proceed expeditiously with the case and if deemed necessary splitting the case of the accused petitioners following the procedure provided in Section 299 Cr.P.C. With the above directions, the bail application stands disposed of. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the bail application stands rejected
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 299, 439; Narcotic Drugs and Psychotropic Substances Act, 1985 — ss. 8(c), 20(b)(ii)(C), 29, 35, 37, 54, 60, 61, 66, 68, 69.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.