Disposed

Ratnesh Kumar v. the State of Assam

Gauhati HC4 Oct 2021Bail Appln./1707/2021

Case brief

AI extract

What is this about?

This bail application under Section 439 CrPC for an accused charged under the NDPS Act was disposed of. The court noted the error in the charging section. The petitioner was directed to approach the Special Judge for bail after witness examination and was permitted to renew the application in this court thereafter.

What did the court decide?

Petitioner directed to approach Special Judge for bail with correction in section; liberty to renew application after witness examination.

Ratnesh Kumar Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2021)

¶1

Page No.# 1/3

¶2

GAHC010110702021

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : Bail Appln./1707/2021

¶5

RATNESH KUMAR S/O SRI SATYANAROYAN SINGH R/O VILL- KHILWATH, P.O. KHILWATH P.S. BIDURPUR, DIST. VAISHALI STATE-BIHAR

¶6

VERSUS

¶7

THE STATE OF ASSAM REP. BY THE PP, ASSAM

¶8

Advocate for the Petitioner : MS. A MEDHI

¶9

Advocate for the Respondent : PP, ASSAM

¶10

Page No.# 2/3

¶11

BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

¶12

ORDER

¶13

Date : 04-10-2021

¶14

Heard Ms. A Medhi, learned counsel for the petitioner. Also heard Mrs. SH Borah, learned Additional Public Prosecutor, appearing for the State respondent.

¶15

This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioner, namely, Ratnesh Kumar, in connection with Karimganj Police Station Case No. 1221/2020 registered under Sections 21(C)/29 of the NDPS Act.

¶16

The scanned copy of the case diary and the status report has been received and perused.

¶17

Ms. Medhi, learned counsel for the petitioner has submitted an additionalaffidavit enclosing the copy of the order, dated 23.09.2021 by which order charge was framed against the petitioner for possessing commercial quantity of contraband/ganja. The charge, however, ought to have been framed under Section 20(C) of the NDPS Act instead of Section 21(C) of the NDPS Act

¶18

Bring this order to the notice of the Registrar (Judicial) of this Court as well as the learned Special Judge, under the NDPS Act, Karimganj.

¶19

Whatever it may be, since charge has already been framed for possessing commercial quantity of contraband against the accused-petitioner, he shall approach the learned court below with an appropriate application for bail, which the learned court below shall consider on its own merit taking into consideration all relevant factors.

¶20

However the petitioner shall be at liberty to renew his application for bail

¶21

Page No.# 3/3

¶22

before this Court only after examination of few of the witnesses.

¶23

With the above observations and directions, this petition stands disposed of.

¶24

JUDGE

¶25

Comparing Assistant

Ratnesh Kumar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Ratnesh Kumar v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Md. Mushadik Latif and 2 Ors. Vs the State of Assam

Ajay Kumar Singh and Anr. Vs Ncb

Sri Mukut Das Vs the State of Assam and Anr.

Dipak Singha @ Dipak Das Vs the State of Assam

Bitumoni Borah and 2 Ors. Vs the State of Assam

Purandar Bora and 8 Ors. Vs the State of Assam