This bail application by a relative for enlargement of the accused on bail under Section 439 CrPC in an NDPS case was allowed. The court held that further custodial detention was unwarranted despite opposition from the prosecution.
The accused be enlarged on bail by furnishing a bond of Rs. 10,000 with one surety to the satisfaction of the Special Judge NDPS Act.
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GAHC040008552022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : BA 72/2022
1:Rinku Moni Gogoi W/o Jaan Gogoi, R/o Village Gandhinagar, Ward No 2, PO/PS Silapathar, District Dhemaji, Assam.
VERSUS
1:THE STATE OF AP Represented by Public Prosecutor.
Advocate for the Petitioner : T T Tara
Advocate for the Respondent : P P of AP
BEFORE
HONBLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 01.08.2022
Heard Mr. T. Gyatso, learned counsel for the accused and also heard Ms. L. Hage, learned Additional Public Prosecutor for the State respondent.
This application under Section 439 of Criminal Procedure Code is preferred by Smti. Rinkumari Gogoi for enlarging accused Shri Jaan Gogoi on bail who is languishing Jail Hazot in connection with Likabali P.S Case No. 12/2022, under
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Section 21(a)/27(a) NDPS Act, 1973. The said Case has been registered on the basis of one F.I.R lodged by one ASI Shri T. Karlo, on 21.06.2022, to the effect that on that day on the basis of the inputs from reliable sources, he has intercepted a vehicle bearing registration No. AS-06B-6366, near Sanju Garage Likabali and found suspected narcotic substances in the possession of Shri Jaan Gogoi, and 1 gram, (approximately) with in a tabocco box with 1(one) syringe was seized from him in presence of Executive Magistrate.
The learned counsel for the accused submits that the accused was arrested on 21.06.2022, since then he has been languishing in jail Hazot. Further, learned counsel for the accused submits that as per schedule II of the Cr.C.P, the offences is bailable as the punishment prescribed for the same is only one year and that since he is languishing in jail Hajot since more than one month his further custodial detention seems to be unwarranted and accordingly, it is contended to allow the petition.
On the other hand, Ms. L. Hage, learned Additional Public Prosecutor opposed the petition on the ground that both the offences under NDPS Act are non-bailable offences and CD was called for today and the same have not been received.
However, in view of the period of the detention (40 days) of the accused in jail Hajot and also in view of the quantity of suspected drugs recovered from his possession and further, considering the nature and gravity of the offence and the punishment prescribed for the same, further custodial detention of the Case in the interest of investigation seems to be unwarranted herein this Case, and this petition can be disposed of without perusing the case diary.
Accordingly, this Court is inclined to allow the petition and it is provided
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that on furnishing a bond of Rs. 10,000/-(Rupees Ten thousand) only with one surety of like amount to the satisfaction of the learned Special Judge NDPS Act, Pasighat, the accused be enlarged on bail.
In terms of above, this bail application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail is appropriate for the accused under Section 439 CrPC arrested for offences under NDPS Act.
Whether the accused's bail should be allowed without perusing the case diary in light of detention period.
Rinku Moni Gogoi
THE STATE OF AP
ROBIN PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
