Allowed

Jayant Kalita @ Singh v. the State of Assam

Gauhati HC8 Mar 2021Bail Appln./44/2021

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the petitioner in a case involving offences under Sections 27A/29 of the NDPS Act regarding heroin possession. The court found no material linking the petitioner to financing illicit traffic and was satisfied of his innocence under Section 37(b)(ii) of the NDPS Act, recording such satisfaction.

What did the court decide?

Petitioner released on bail of Rs. 25,000 with suitable surety subject to conditions of territorial jurisdiction and non-interference.

Jayant Kalita @ Singh Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010001382021

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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./44/2021

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JAYANT KALITA @ SINGH

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S/O KAMALESWAR KALITA, R/O VILL- 2 NO. MATHGHARIA, P.S.NOONMATI, DIST-KAMRUP (M), ASSAM

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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 : MS. A MEDHI 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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08-03-2021

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This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioner, namely, Jayant Kalita @ Singh, in connection with Panbazar Police Station Case No. 656/2020 , registered under Sections 22(b)/25/27/27A/29 of the NDPS Act .

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The case diary produced has been perused.

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Heard Ms. A. Medhi, learned counsel appearing for the petitioner and Mr. N.K. Kalita, learned Additional Public Prosecutor, appearing for the State.

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I have perused the statement of the witnesses as well as the accused persons, who were arrested in this case.

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Mr. Kalita, learned Additional Public Prosecutor, has also fairly submitted that there is no material against the petitioner under Sections 27A/29 of the NDPS Act.

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Page No.# 2/2

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As per materials available in the case diary, the allegedly seized contraband (12.33 grams of heroin) was recovered from the possession of co-accused, Amzad Ali, Zakir Hussain and Krishna Das. It has also come out from the materials in the case diary that, in fact, the present petitioner is alleged to have committed the offences under Sections 27A/29 of the NDPS Act, although no such material in respect of financing illicit traffic by the accusedpetitioner is found available.

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The materials in the case diary, if considered as a whole, make it appear that the petitioner is not guilty of the offence under Sections 27A/29 of the NDPS Act and this Court is satisfied to that effect. Such satisfaction has been recorded in view of the provisions of Section 37(b)(ii) of the NDPS Act.

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In view of above, the petitioner is granted bail.

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Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.25,000/- with a suitable surety of the like amount, to the satisfaction of learned Special Judge (under the NDPS Act), Kamrup (M), Guwahati.

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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 Special Judge (under the NDPS Act), Kamrup (M), Guwahati, 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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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

Jayant Kalita @ Singh v. the State of Assam

Case brief

What is this about?

What did the court decide?

Jayant Kalita @ Singh v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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