In an NDPS bail application involving possession of heroin, the Gauhati High Court refused bail because the charge sheet was laid within the statutory period, triggering the rigors of Section 37(1)(b)(ii) of the NDPS Act.
The prayer for bail was rejected and the application was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010130622021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2069/2021
RIMAN SHARMA S/O LATE DHERU SHARMA R/O LACHIT NAGAR BYE LANE NO. 09, HOUSE NO. 7, P.S. PALTAN BAZAR, DIST. KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR M GARODIA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
06-10-2021
This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioner, namely, Riman Sharma, in connection with Paltanbazar Police Station Case No. 598 of 2021 , registered under Sections 22(c)/27/28/29 of the NDPS Act .
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Heard Mr. M. Garodia, learned counsel appearing on behalf of the petitioner and Mr. R.R. Koushik, learned Additional Public Prosecutor representing the State. The scanned copy of the case diary produced has been perused. On perusal of the materials in the case diary it is found that charge-sheet in the instant case has been laid against the petitioner on completion of investigation, within the statutory period prescribed.
The allegation is of possession of commercial quantity of contraband, i.e., heroin.
Considering the fact that charge-sheet has been laid in this case within the statutorily prescribed period and the rigors of Section 37 (1)(b)(ii) of the NDPS Act applies in this case, this Court is not inclined to grant bail to the petitioner. That being so, the prayer for bail of the petitioner is rejected .
In terms of the above, this bail application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted in a case involving possession of commercial quantity of heroin where the charge sheet was laid within the statutory period.
Whether the application of rigors of Section 37(1)(b)(ii) of the NDPS Act precludes the grant of bail.
3 provisions across 2 enactments
Riman Sharma
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
