High Court disposed of a third pre-arrest bail application under Section 438 CrPC filed by Gulap Babu facing NDPS charge for possessing ganja.
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GAHC010288692018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 64/2019
1:GULAP BABU @ GULAB BABU
SON OF LATE ANISUL HOQUE, RESIDENT OF HAIBARGAON, SAMADARPATTY, POLICE STATION- NAGAON SADAR, DISTRICTNAGAON (ASSAM), PIN- 782001.
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. M A LASKAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 08-02-2019
By this third successive application, filed under Section 438 Cr.PC, the petitioner, Md. Gulap Babu @ Gulab Babu has prayed for pre-arrest bail apprehending arrest in connection with Nagaon P.S. Case No. 896/2018 under Section 20(b)(C) of NDPS Act.
Heard Mr. M. A. Laskar, learned counsel for the petitioners as well as Mr. N.K. Kalita, learned Additional Public Prosecutor for the state respondent.
Pursuing a secret information, that contraband articles are being possessed by the present petitioner, the police conducted a search and recovered 5 KG of suspected ganja,
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which was kept concealed in the house of the accused petitioner in a plastic bag, which was seized by police in accordance with the procedure laid down in the NDPS Act and Rules framed thereunder.
This court earlier considered the pre-arrest bail of the petitioner on merit and having gone through the case diary rejected the prayer for pre-arrest bail on merit. The second pre-arrest bail petition was also apparently stood rejected. The present third prearrest bail application does not appear to have demonstrated any compelling or cogent fresh ground for entitling the petitioner to pre-arrest bail. Therefore, I find this petition for pre-arrest bail meritless and accordingly stands rejected.
Bail application is disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail application should be allowed in the absence of fresh compelling ground after previous rejections.
Whether possession of 5 KG unaccounted for ganja warrants pre-arrest bail under NDPS Act.
2 provisions across 2 enactments
GULAP BABU @ GULAB BABU
THE STATE OF ASSAM
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
