Allowed

Prantik Haloi and Anr. v. the State of Assam

Gauhati HC15 Mar 2021Bail Appln./352/2021

Case brief

AI extract

What is this about?

This bail application under Section 439 Cr.P.C. by two accused in an NDPS case was allowed. The court noted the investigation into financing offenses was incomplete within the statutory period and no material proved involvement in Section 27A. Bail was granted with ₹20,000 bond and conditions.

What did the court decide?

Accused granted bail on bond of ₹20,000 with two sureties of ₹20,000 each, subject to four conditions.

Prantik Haloi and Anr. Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2021)

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GAHC010021142021

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THE GAUHATI HIGH COURT

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

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Case No. : Bail Appln./352/2021

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PRANTIK HALOI AND ANR

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S/O LATE BIPIN HALOI, R/O KARPONGPULI, JAGUN, P.S.-LEKHAPANI, DIST-TINSUKIA, ASSAM

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2: DULU BARUAH S/O SRI KANGHADHAR BARUA R/O KARPONGPULI JAGUN P.S.-LEKHAPANI DIST-TINSUKIA ASSA

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. P J SAIKIA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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15-03-2021

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This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioners, namely, 1. Sri Prantik Haloi and 2. Sri Dulu Baruah, in connection with Lekhapani Police Station Case No. 9 of 2021 , (corresponding to NDPS Case No. 01/2021), registered under Section 21(b)/27(A)/29 of the NDPS Act, 1985 .

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Heard Mr. A.K. Gupta, learned counsel for the petitioner and Mr. N.K. Kalita, learned Additional Public Prosecutor.

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The case diary produced has been perused.

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On perusal of the case diary, it appears that no such materials could be collected by the Investigating Police Officer showing involvement of the petitioners in harboring offenders involved in an offence under the NDPS Act and also in respect of financing, as required under Section 27A of the NDPS Act. However, there are materials in respect of offences under Sections 21(b)/29 of the NDPS Act against the petitioners.

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In view of absence of any material for commission of alleged offence under Section 27A of the NDPS Act, this Court records its satisfaction as required under Section 37(b)(ii) of the NDPS Act that the petitioner is not involved in such an offence. They are not found to have committed such offence.

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This Court has also taken note of the fact that for the offences Sections 271(b)/29 of the NDPS Act, the period of investigation is 60 days and the investigation has not been completed within the statutory period prescribed.

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That being so, the petitioners are granted bail.

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Accordingly, the accused-petitioners, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.20,000/- with two suitable sureties each of the like amount, to the satisfaction of learned Sub-Divisional Judicial Magistrate (M), Margherita.

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The direction for bail is further subject to the conditions that the accused-petitioner: (a) shall not leave the territorial jurisdiction of learned Sub-Divisional Judicial Magistrate (M), Margherita, without prior written permission from him;

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(b) shall not hamper with the investigation of the case and tamper with the evidence of the case;

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(c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

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(d) shall appear before the Investigating Police Officer once in a week for six weeks after his release on bail as and when called upon by the Investigating Police Officer till the investigation of the case is completed.

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In terms of the above, this bail application stands disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Prantik Haloi and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Prantik Haloi and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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