The Gauhati High Court granted bail to an accused detained for 31 days in connection with small quantity drug trafficking under the NDPS Act, finding further detention unwarranted for investigation.
Accused to be enlarged on bail on furnishing a bond of Rs. 10,000 with one surety of like amount to the satisfaction of the learned Special Judge, Pasighat.
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.# 1/4
GAHC040009112022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : BA 76/2022
1:Mithun Chakrawati S/o Shri Bimal Chakrawati,
Permanent Resident of Amritpur, NO.02 Silapathar, PO/PS Silapathar, District Dhemaji, Assam for and on behalf of the accused Shri Sanju Dey. Mob. No. 9365334914
VERSUS
1:THE STATE OF AP Represented through Public Prosecutor
Advocate for the Petitioner : Arup Bhatttacharjee
Advocate for the Respondent : T. Ete, Addl. P P of AP
BEFORE
HONBLE MR. JUSTICE ROBIN PHUKAN
ORDER
08.08.2022
Heard Mr. A. Bhattacharjee, learned counsel for the accused/applicant. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent.
Page No.# 2/4
This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by the applicant for grant of bail to the accused, namely, Shri Sanju Dey , who has been languishing in jail hazot in connection with Likabali P.S. Case No. 14/2022, under Sections 21(a)/27(a) of the NDPS Act.
It is to be mentioned here that Likabali P.S. Case No. 14/2022, under Sections 21(a)/27(a) of the NDPS Act, has been registered on the basis of one F.I.R., lodged by Inspector Ojum Riba of Likabali Police Station on 07.07.2022, to the effect that they have received some inputs about peddling of drugs/contraband substance in Likabali area by one Shri Sanju Dey and accordingly, they have detained him on 07.07.2022 and searched him and recovered one tobacco container, containing suspected heroin, from his possession.
Mr. A. Bhattacharjee, learned counsel for the accused, submits that the case was registered under Section 21(a)/27(a) of the NDPS Act and as per 2nd Schedule of the Code of Criminal Procedure, both the offence are bailable and that the accused was arrested on 07.07.2022, and since then, he is behind the Bar for last 31 days and that his custodial detention would not be required in the interest of investigation and therefore, it is contended to allow the petition.
On the other hand, Mr. T. Ete, learned Additional Public Prosecutor, submits that as per Section 37, all the offences under NDPS Act are non-bailable offences and therefore, Mr. Ete opposed the petition.
Page No.# 3/4
Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record.
It appears from the arrest-cum-inspection memo, dated 07.07.2022, that the accused was arrested on 07.07.2022 and since then, he is languishing in jail hajot. But, neither in the F.I.R. nor in the forwarding report, which is produced before this Court by Mr. A. Bhattacharjee, learned counsel for the accused, the quantity of drugs recovered from his possession is mentioned. However, from the Sections, under which the case was registered, it is apparent that the quantity is small quantity.
Considering above and also considering the period of detention and further considering the submissions of learned Advocates of both sides, this Court is of the view that further custodial detention of the accused seems to be unwarranted in the 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, Pasighat, the accused namely, Shri Sanju Dey , be enlarge on bail.
In terms of above, this bail application stands disposed of.
Page No.# 4/4
The forwarding report, dated 25.07.2022, submitted by Mr. A. Bhattacharjee, learned counsel for the petitioner, shall be made as a part of the record.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the accused charged under small quantityNDPSaffairs who has been detained for 31 days.
Whether custodial detention is warranted when the charge pertains to small quantity smuggling.
3 provisions across 2 enactments
MITHUN CHAKRAWATI
THE STATE OF AP
ROBIN PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
