The Gauhati High Court rejected a pre-arrest bail application (anticipatory bail) filed by Sanjay Daimari under Section 438 Cr.P.C. regarding an NDPS case involving the recovery of 77 Kgs of ganja, citing the presence of prima facie incriminating material.
Pre-arrest bail application under Section 438 Cr.P.C. stands rejected.
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.
Page No.# 1/2
GAHC010141102022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2012/2022
SANJAY DAIMARI S/O SRI SUREN DAIMARI R/O VILL- KURUABAHI P.S. ORANG DIST. UDALGURI, BTR, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. T DEURI Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
02.09.2022
Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Sanjay Daimari, apprehending his arrest in connection with Orang P.S. Case No. 34/2022 registered u/s 20(b) (ii)(c)/29 of the Narcotic Drugs and Psychotropic Substance Act, 1985.
Page No.# 2/2
The Case diary, as called for, is placed before the Court.
The case relates to recovery and seizure of suspected contraband (ganja) weighing 77 Kgs from the piggery farm of the petitioner.
The FSL report shows that the chemical analysis gave positive test for cannabis on the other hand, the investigation is yet to be completed.
Having considered the abundance of prima facie incriminating material available in the case diary, this Court is of the opinion that it is not a fit case to grant the privilege of pre-arrest bail to the petitioner.
Accordingly, the pre-arrest bail application stands rejected.
Return the case diary.
This disposes of the anticipatory bail application.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail can be granted in a case involving alleged possession of ganja where investigation is pending.
Whether the prima facie incriminating material justifies rejection of anticipatory bail.
2 provisions across 2 enactments
Sanjay Daimari
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
