The Gauhati High Court rejected an application for pre-arrest bail under Section 438 Cr.PC in connection with a Section 22(b) NDPS Act case. The court refused bail due to coaccused involvement and need for custodial interrogation despite positive FSL report on contraband.
Prayer for pre-arrest bail of the petitioner is rejected.
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GAHC010153002021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2930/2021
TUTUMONI KONWAR W/O LATE BINUD KONWAR R/O HALWATING BAZAR, P.O. MADHAB NAGAR, P.S. HALWATING, DIST. SIVASAGAR, ASSAM PIN-785681
VERSUS
THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM
Advocate for the Petitioner : MR G KHANDELIA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 12-11-2021
Heard Mr. S Banik, learned counsel for the petitioner. Also heard Mr. RR Kaushik, learned Additional Public Prosecutor, appearing for the State respondent.
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This is an application, filed under Section 438 of the Cr.PC. seeking prearrest bail of the petitioner, namely, Smti Tutumoni Konwar, in connection with Halwating PS Case No. 26/2021 registered under Section 22(b) of the NDPS Act.
Perused the case diary produced before this Court, including the FSL report.
The seized contraband is tested positive as per the FSL report. The coaccused has named the petitioner to be involved with the offence alleged. Therefore, there are certain materials against the petitioner requiring his custodial interrogation. Accordingly, the prayer for pre-arrest bail of the petitioner stands rejected.
Return the case diary.
The petition stands disposed of accordingly.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the prayer for pre-arrest bail under Section 438 Cr.PC should be allowed in a NDPS case.
Whether materials available necessitate custodial interrogation of the petitioner.
Whether the seized contraband was tested positive as per FSL report.
2 provisions across 2 enactments
Tutumoni Konwar W/o Late Binud Konwar
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
