The Gauhati High Court granted regular bail to the petitioner in an NDPS Act case stood pending final report filed by the prosecution, directing the CJM to issue release order.
Petitioner released forthwith; CJM directed to issue release order(s).
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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GAHC010017522020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 267/2020
1:UCHILMAN SUCHIANG
S/O KAMINI LONGDOH, R/O VILL-BUTUCHERA, KHASIAPUNJI, P.S.RATABARI, DIST-KARIMGANJ, ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. JUNM LASKAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 12-02-2020
By this application under Section 439 CrPC, petitioner, namely, Uchilman Suchiang, who was arrested on 01.09.2019, has prayed for granting him regular bail, in connection with Ratabari PS Case No. 199/2019, corresponding to GR Case No. 2235/2019, under Sections 21(c)/29 of the NDPS Act. Heard the learned counsel for both the sides.
Also perused the record and the FIR.
On instructions the learned Additional Public Prosecutor has submitted that the case has ended at Final Report vide FR No. 119/19 dated 31.12.2019. There is no such case laid out against the accused petitioner.
In view of above, custodial detention of the accused is not warranted.
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Accordingly, the accused be released forthwith by the learned CJM, Karimganj. The learned
CJM is hereby directed to issue release order(s).
Bail Application stands disposed of.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether regular bail should be granted to the petitioner in the NDPS Act case.
Whether custodial detention is warranted given the final report filed by the prosecution.
Whether the petitioner should be released forthwith upon filing of the final report.
2 provisions across 2 enactments
UCHILMAN SUCHIANG
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
