In a bail application under Section 439 Cr.P.C. regarding an NDPS case involving large quantum of ganja seizure, the court dismissed the prayer for bail. Instead, it directed the prosecution to approach the trial court for regular bail, with an order for speedy trial completion within three months.
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GAHC010058942019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 615/2019
1:MD. RAFE @ MD. RAFI AND ANR. S/O- MR. MD. ALAUDDIN, R/O- SORA KHUNOU, DIST- THOUBAL, MANIPUR- 795103
2: PUKHRAMBAM SHYAM SINGH S/O- PUKHRAMBAM TOMPOK SINGH R/O- PUKHRAMBAM MAMANG LEIKAI PUKHRAMBAM P.O. NAMBOL P.S. WANGOI DIST- BISHNUPUR MANIPUR- 79513
VERSUS
1:THE UNION OF INDIA
REP. BY THE INTELLIGENCE OFFICER, N.C.B. GHY, GHY ZONAL UNIT
Advocate for the Petitioner : MR. M BISWAS
Advocate for the Respondent : SC, NCB
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 12-06-2019
This is an application made under Section 439 Cr.P.C. , seeking bail by the accusedpetitioners, namely, 1. Md. Rafe @ Md. Rafi and 2. Pukhrambam Shyam Singh, in connection with NDPS Case No. 9/2017 , registered under Section 20(b)(ii)(C) of the NDPS Act, 1985 .
I have perused the petition including the annexures furnished therewith along with the copy of the FIR.
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Heard Mr. M Biswas, learned counsel appearing for the accused-petitioners and Ms. P Das, learned Standing Counsel, NCB, appearing for the State.
Mr. Biswas, learned counsel for the petitioner submits that the accused-petitioners are in judicial custody since 29-06-2017 and charge-sheet in the case was laid on 19-12-2017.
Mr. Biswas, learned counsel for the accused-petitioners further submits that charges in the case were framed on 20-03-2018. However, not a single witness has so far been examined by the prosecution/NCB although more than one year has already been elapsed since the charges were so framed.
Mr. Biswas, learned counsel for the accused-petitioners, therefore, submits that the accusedpetitioners have been behind the bar for a long period despite being innocent and the charges, which have been framed against them, are yet to be proved against them. Mr. Biswas, learned counsel for the accused-petitioners emphatically submits that the accused persons cannot be put behind the bar for an indefinite period, without there being trial.
Mr. Biswas, learned counsel for the accused-petitioners, therefore, submits that the prayer for bail made by the accused-petitioners may be accepted.
Ms. P Das, learned Standing Counsel, NCB, submits that the matter involves seizure of 384.210 kgs of cannabis (ganja) out of the possession of the accused persons.
Ms. P Das, learned Standing Counsel, NCB, further submits that in the facts and circumstance of the case, the accused persons may be allowed to be released on bail on furnishing two local sureties each. Considering the above submissions made by the learned counsel for both sides and on consideration of the averments made in the bail application along with the documents annexed thereto and further considering the case diary, it appears that 384.210 kgs of cannabis (ganja) was recovered out of the possession of the present accused persons. It is noticed from the order, dated 07-06-2019, passed by the learned Additional Sessions Judge No. 2, Kamrup (M), Guwahati-cum-Special Judge (NDPS Act), Guwahati, that the case against the present accused persons was split up from the co-accused, H. Chaoba Singh, who has been absconding and coercive steps has been initiated against him for which trial of the case has been delayed.
In view of above reasons, the accused persons may, now, approach the learned trial Court for regular bail. The learned trial Court shall make an endeavour to complete the trial of the case within a period of 3 months holding, if necessary, day-to-day hearing.
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The prosecution/NCB shall produce the witnesses without default on the dates to be fixed by the learned trial Court, from time to time, failing which the bail application of the accused persons shall be considered in accordance with law keeping in mind their right to speedy justice.
In terms of the above, this bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to accused persons charged under the NDPS Act who have been in custody for a significant period without witness examination.
2 provisions across 2 enactments
Md. Rafe @ Md. Rafi and another
The Union of India, Rep. by the Intelligence Officer, N.C.B, Ghzy Zonal Unit
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
