In a bail application by a detainee under the NDPS Act for a commercial quantity charge, the High Court observed the case was at trial stage and dismissed the bail plea but directed the trial court to dispose of the matter within five months.
Direction to the trial court to dispose of the case within five months.
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GAHC010052082019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 551/2019
1:DHAN BORO @ DHON BORO S/O LATE HOREN BORO R/O HOUSE NO. 58, BYE LANE NO. 2, KOINADHARA, P.S. BASISTHA, KHANAPARA, DIST. KAMRUP (M), ASSAM, PIN-781022.
VERSUS
1:UNION OF INDIA REP. BY THE ASSTT. S.G.I.
Advocate for the Petitioner : MR. K K BHATTACHARYYA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 22-07-2019
Heard Mr. B. K. Mahajan, learned counsel for the petitioner and the learned Standing Counsel for the NCB.
This is an application u/s 439 Cr.P.C. praying for bail by the petitioner, namely, Sri Dhan Boro @ Dhon Boro who is in detention in connection with NDPS Case No. 92/2018 under section 20 (b) (ii) (c) of the NDPS Act, 1985, pending in the court of Additional Sessions
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Judge No. 3, Kamrup (M) at Guwahati.
It is submitted by the learned counsel for the petitioner that the case is at the stage of trial and therefore, the petitioner is not pressing for bail. However, the learned counsel submits that a direction be given to the learned trial court to complete the trial within the stipulated time as the petitioner is in custody.
Since the trial has already begun and the charge against the petitioner relates to commercial quantity, this petition is disposed of with a direction to the learned trial court to make an endeavour to dispose of the case within a period of 5 (five) months.
Comparing Assistant
2 issues framed by the court
Whether to grant bail or direct expeditious trial for a petitioner in detention under NDPS Act for commercial quantity.
Whether to direct the trial court to complete the trial within a stipulated time.
2 provisions across 2 enactments
Dhan Boro @ Dhon Boro
Union of India Rep. by the Asstt. S.G.I.
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
