The Gauhati High Court rejected an application for pre-arrest bail under Section 438 Cr.P.C. in a case involving recovery of 18kg of ganja. The court held the case diary contained clear evidence making the petitioner not fit for pre-arrest bail.
Prayer for pre-arrest bail rejected; petition disposed of.
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GAHC010134552021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2582/2021
ARUP DEKA @ PINKU SON OF LATE NABIN DEKA R/O WARD NO. 4, JYOTI NAGAR, P.S. UDALGURI DIST. UDALGURI, BTAD, ASSAM
VERSUS
THE STATE OF ASSAM REP.BY THE PP, ASSAM
Advocate for the Petitioner : MR. A CHAUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
02-11-2021
This is an application under Section 438 Cr.P.C ., praying for pre-arrest bail by the petitioner, namely, Arup Deka @ Pinku , in connection with Udalguri Police Station Case No. 35/2021 , registered under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substance Act.
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Heard Mr. D. Bora, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the Respondent State.
The case diary is received.
This is a case where charge-sheet has been laid against the petitioner. Perused the case diary.
There is clear evidence collected by the Investigating Police Officer showing that 18kg of contraband (ganja) was recovered from the possession of the accused/petitioner. Apart from the contraband aforementioned, an amount of Rs.4,25,000/- was seized.
Such being the materials available in the case diary, this Court is of the view that this is not a fit case for grant of the privilege of pre-arrest bail to the petitioner. Accordingly, the prayer for pre-arrest bail made by the petitioner is rejected. The petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to grant pre-arrest bail to the petitioner in a drug smuggling case involving recovery of 18kg of ganja.
Whether the case diary materials justify refusal of pre-arrest bail under Section 438 Cr.P.C.
2 provisions across 2 enactments
Arup Deka @ Pinku
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
