In a bail application under Section 439 Cr.P.C. regarding an NDPS Act case, the High Court declined to grant bail to the petitioner as the investigation was nearing the statutory 180-day limit, rejecting the prayer.
Bail prayer rejected; case disposed of; case diary returned.
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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GAHC010154282021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2644/2021
BIJAY AGARWAL SON OF LATE SHYAM SUNDAR AGARWAL R/O VILL- LAKSHMAN GARH P.S. SIKAR, DIST. SIKAR STATE- RAJASTHAN PIN-332311 PRESENT ADDRESS-VILL- GOROIMARI P.S. MANIKPUR DIST. BONGAIGAON, ASSAM PIN-783390
VERSUS
THE STATE OF ASSAM REP. BY THE PP, GOVT. OF ASSAM
Advocate for the Petitioner : MR. J KALITA
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
09-11-2021
This is an application made under Section 439 Cr.P.C. , seeking bail by the accusedpetitioner, namely, Bijay Agarwal, in connection with Dhaligaon Police Station case No. 150/2021, registered under Sections 17(C)/29 of the NDPS Act.
Heard Mr. J. Kalita, learned counsel appearing for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor, appearing for the State.
The case diary produced has been perused.
Mr. Gogoi, learned Additional Public Prosecutor has submitted that the investigation of the case is in the verge of completion.
Mr. Kalita, learned counsel for the petitioner has submitted that the petitioner has been in custody for 159 days. However, there is still 21 days left to enable the Investigation Officer to complete the investigation within the statutorily prescribed period of 180 days.
That being so, this Court is not inclined to grant bail to the petitioner at this stage. Therefore, the prayer stands rejected.
The petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the accused petitioner in a case under Sections 17(C) and 29 of the NDPS Act.
Whether the continuation of custody until the completion of the statutory 180-day investigation period justifies denial of bail.
2 provisions across 2 enactments
Bijay Agarwal
State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
