This bail application under Section 439 CrPC was preferred by the accused. The court considered the delay in 56 days of detention and the facts of the case involving suspected heroin possession. The court allowed bail upon furnishing a bond.
Bail allowed on furnishing a bond of Rs. 10,000/- with one surety to the Special Judge NDPS Act, Tezu.
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.# 1/3
GAHC040008712022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : BA 73/2022
1:Nongki Perme S/o Shri Kajong Perme,
Permanent Resident of Poblung Village, PO/PS Dambuk, Lower Dibang Valley District, Arunachal Pradesh.
VERSUS
1:THE STATE OF AP Represented by Public Prosecutor
Advocate for the Petitioner : Chorpok Modi
Advocate for the Respondent : P P of AP
BEFORE
HONBLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 01.08.2022
Heard Mr. A. Saring, learned counsel for the accused and also heard Mr. G. Tado, learned Additional Public Prosecutor for the State respondent.
This application under Section 439 of Criminal Procedure Code is preferred by accused Shri Kato Pertin, who is languishing Jail Hazot in connection with
Page No.# 2/3
Roing P.S Case No. 27/2022, under Section 21(a)/27(a) NDPS Act, 1973.
It is to be noted here that aforementioned cases being registered on the basis of one FIR lodged by Inspector C.R. Chowlu of Roing on 06.06.2022, to the effect that on that day at about 1700 hrs, he received one information that some drug peddlers have been selling drugs at Mali village area and then he along with few members of ADS team rushed to the spot and found one person namely Shri Ano Meme along with Shri Kato Pertin, proceeding from Roing to Bomjir in their bike and the team then apprehended them and conducted search and during search two empty Tabaco containers and two other containers containing yellow coloured powder like substances suspected to be Heroine containing 2.72 grams, one syringe, one mobile charger cable, 4(four) mobile handset, cash amount of Rs.5,210/- (Rupees Five thousand two hundred ten) only were recovered from the possession of Shri Ano Meme and also one mobile handset along with one motor cycle was found in the possession of Shri Kato Pertin.
Mr. Saring, learned counsel for the accused submits that the accused is innocent and nothing was recovered from his possession except his motor cycle and mobile handset. Mr. Saring, further submits that in fact on that day Shri Kato Pertin was proceeding from the house of his elder sister at Roing to Mebo and on the way one Shri Ano Meme requested him for lift from Roing to Mebo and accordingly he provided him lift and they were intercepted by police and as per the forwarding reports 2.72 grams suspected Heroine with polythene, and without Polythene only one gram of suspected Heroine and Rs.5,210/- (Five thousand two hundred ten)/- was recovered from the possession of Shri Ano Meme. Mr. Saring, learned counsel further submits that as per Schedule II of the C.R.P.C, the offences are bailable as punishable is only one year and fine and
Page No.# 3/3
therefore, Mr. Saring contended to allow the petition.
Mr. G. Tado, learned Additional Public Prosecutor also fairly submitted that as per Schedule II of the Cr.P.C the offence is bailable.
Be that as it may, having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record.
And considering the period of detention 56 days and also considering the facts and circumstances on the record and the nature and gravity of the offence and the punishment prescribed for the same and also considering the submissions of learned Advocates of both sides, this Court is of the opinion that further custodial detention of the accused/applicant is not necessary in interest of investigation.
Accordingly, it is provided 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, Tezu, the accused be enlarged on bail.
In terms of above, this bail application stands disposed
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the accused in an NDPS case after 56 days of detention.
Whether further custodial detention is necessary in the interest of investigation.
1 provisions across 1 enactments
Nongki Perme S/o Shri Kajong Perme
The State of AP
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
