Application for pre-arrest bail under Section 438 Cr.P.C. in a Case under Section 21(b) of the NDPS Act was rejected. The Court found evidence implicating the petitioner and deemed custodial interrogation necessary.
Prayer for pre-arrest bail of the petitioner was rejected.
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GAHC010106792021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2012/2021
SRI MUKUT DAS SON OF LATE MATILAL DAS R/O SONPUR, WARD NO. 9 P.S. NALBARI DIST. NALBARI, ASSAM PIN-781335
VERSUS
THE STATE OF ASSAM AND ANR. REP. BY THE PUBLIC PROSECUTOR, GOVT. OF ASSAM
2:SRI BISWA JYOTI DOWARI SUB INSPECTOR OF POLICE NALBARI POLICE STATION NALBARI ASSAM 78133
Advocate for the Petitioner : MR. J KALITA
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE HITESH KUMAR SARMA
01-10-2021
This is an application made under Section 438 Cr.P.C., seeking prearrest bail of the accused-petitioner, namely, Sri Mukut Das , in connection with Nalbari Police Station Case No.294/2021 , registered under Section
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21(b) of the NDPS Act, 1985.
Heard Mr. J. Kalita, learned counsel for the petitioner. Also heard Mr. Bankim Sarma, learned Additional Public Prosecutor, Assam, appearing on behalf of the State Respondent.
Scanned copy of the case diary has been received.
On perusal of the case diary, it is found that there is evidence collected implicating the petitioner by the investigating police officer and the materials in the case diary also suggest that the another accused who was apprehended had purchased the contraband from the present petitioner.
Such being the position, this Court is of the considered view that this is not a fit case for granting the privilege of pre-arrest bail to the petitioner, without allowing the investigating police officer to interrogate the petitioner in custody. This Court is also of the view that custodial interrogation of the petitioner is necessary.
Considering the above, the prayer for pre-arrest bail of the petitioner stands rejected.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to the accused where case diary suggests involvement in purchase of contraband.
2 provisions across 2 enactments
MUKUT DAS
STATE OF ASSAM
PUBLIC PROSECUTOR
BISWA JYOTI DOWARI
HITESH KUMAR SARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
