This bail application was filed by Niren Borah, accused in an NDPS case. The High Court granted bail qua petitioner's locality, length of detention, and submission that the seized article was not of commercial quantity, subject to strict undertakings and a surety.
Accused allowed bail on 20,000/- with one surety of like amount subject to regular appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010048212019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 497/2019
1:NIREN BORAH
S/O SHRI BROJEN BORAH, R/O AHOMGAON, NEAR MANASHA MANDIR, P.S.-GORCHUK, GUWAHATI, DIST-KAMRUP (M), ASSAM
VERSUS
1:UNION OF INDIA
RPRESENTED BY THE ANTI SMUGGLING UNIT, CUSTOMS DIVISION, GUWAHATI
Advocate for the Petitioner : MR. M BISWAS
Advocate for the Respondent : SC, CENTRAL EXCISE CUSTOMS
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
07-03-2019.
By filing this petition under Section 439 of the CrPC, petitioner Niren Borah, who is in custody since 14.05.2018 and facing trial before the learned Sessions (Special) Judge, Kamrup (M) at Guwahati, in connection with NDPS Case No.95/2018, under Section 17(b) of the NDPS Act, has prayed for release him on bail.
Heard Mr. M. Biswas, learned counsel for the petitioner as well as Mr. B.N. Sarma, learned standing counsel for the Customs Division, Guwahati.
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It has been submitted for and on behalf of the petitioner that the accused being a local resident of Kamrup District is ready to face the trial and considering his length of detention since 14.05.2018, his bail prayer should be considered.
Also heard the learned standing counsel for the Customs Division, Guwahati, who has also apprised the Court that the seized article is not of commercial one, as alleged as commercial and the hearing of the proceeding is going on.
Having regard to the submission made on behalf of the petitioner and also the fact that the matter relates not to any commercial quantity and the accused person has given an undertaking to face the trial, the accused person is allowed to go on bail of Rs.20,000/- with one surety of like amount, to the satisfaction of the learned Trial Court, with strict direction to the petitioner to regularly appear before the Trial Court and any willful default in appearance before the trial Court during the trial proceeding will entail rejection of the bail, granted to the petitioner.
The bail petition stands allowed accordingly.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether petitioner can be released on bail in an NDPS case involving non-commercial quantity of seized article.
Whether previous detention since May 14, 2018 justifies granting bail with a monetary surety and undertaking to appear.
2 provisions across 2 enactments
NIREN BORAH
UNION OF INDIA
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
