Petitioner sought bail under section 439 CrPC in a drug case where heroine/brown sugar was recovered. Court considered length of detention and that the quantity was below commercial level, releasing him on bail bond with surety.
Accused released on furnishing a bail bond of Rs. 20,000/- with one surety of the like amount.
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GAHC010005612020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 94/2020
1:PABITRA RAY
S/O- SRI PRAFULLA RAY, R/O- BORPARA, WARD NO.5, A.K. CHOUODHURY PATH, NEAR BAMBOO MARKET, P.S. AND DIST.- BONGAIGAON, ASSAM.
VERSUS
1:THE STATE OF ASSAM REP. BY P.P., ASSAM.
Advocate for the Petitioner : MR S M ABDULLAH P
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 20-01-2020
By this application under section 439 Cr.PC, the accused-petitioner namely Sri Pabitra Ray, has prayed for allowing him to go on bail in connection with Bongaigaon P.S. Case No.954/2019 under section 22 of the NDPS Act.
Heard the learned counsels for both sides.
Attention is drawn to the fact that an amount of 12.750 gms suspecting to be heroine/ brown sugar was recovered from the accused-petitioner when he met an (with a motorcycle) accident at Majgaon, Bongaigaon to North Salmara. On search by the police personnel, the said amount was recovered from his pocket. He was immediately taken into
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custody suspecting it to be drugs. It is submitted that the accused-petitioner is a drug addict and the same was not for commercial use and the amount seized is a little above, the small quantity but far below than the commercial quantity.
Considering the matter in its entirety and the length of the detention, the accused-petitioner, namely Pabitra Ray is entitled to bail. The accused-petitioner be released on furnishing a bail bond of Rs.20,000/- (Rupees Twenty thousand only) with one surety of the like amount to the satisfaction of the learned Special Judge, Bongaigaon.
This application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused-petitioner is entitled to bail in connection with the drug case?
2 provisions across 2 enactments
PABITRA RAY
THE STATE OF ASSAM REP. BY P.P., ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
