Dismissed

Gautam Rokshit @ Gautam Rakshit v. the State of Assam

Gauhati HC17 Aug 2022Bail Appln./1557/2022

Case brief

AI extract

What is this about?

In a bail petition under Section 439 Cr.P.C. regarding illegal possession of 25.8 kg ganja, the High Court refused bail. Citing the stringent bar in Section 37 of the NDPS Act for commercial quantities, the Court held that since the Special Court had not yet examined prosecution witnesses after framing charges, the bail application could not be accepted at that stage.

What did the court decide?

Bail application rejected. Liberty to file fresh bail application given for disposal at an appropriate stage of trial.

Gautam Rokshit @ Gautam Rakshit Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2022)

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GAHC010128592022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./1557/2022

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GAUTAM ROKSHIT @ GAUTAM RAKSHIT S/O. LT. NARAYAN ROKSHIT @ NARAYAN RAKSHIT, R/O. NAMGHAR ROAD, WARD NO.6, LANKESWAR GRANT, P.S. LANKA, DIST. HOJAI, ASSAM, PIN-782446.

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VERSUS

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THE STATE OF ASSAM REP. BY PP, ASSAM.

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Advocate for the Petitioner : MR. N K MURRY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 17.08.2022

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Heard Mr. NK Murray, learned counsel for the accused petitioner. Also heard Mr. RJ Baruah, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

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This petition under Section 439 Cr.P.C., is filed praying for release of the accused petitioner, namely , Gautam Rokshit @ Gautam Rakshit on bail in connection with Diphu PS Case No.17/2022 under Section 20 ( C) of NDPS Act ( GR Case No. 40/2022).

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The scanned copy of the case records along with the case diary, as called for, is placed before the Court. Mr. NK Murray, learned counsel for the accused petitioner, submits that the accused has been in judicial custody for 167 days in connection with the instant charge sheeted case, where except framing of charge under Section 20 (b) (ii) (c)/29 of the NDPS Act on 24.05.2022 not a single prosecution witness is examined till date.

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Opposing the bail application, Mr. RJ Baruah, learned Additional Public Prosecutor, submits that total 25.08 kg of ganja of commercial quantity was seized from the possession of the accused petitioner and 03(three) others while they were transporting in an auto-rickshaw towards Diphu. Mr. Boruah further submits that as the charges are framed by the learned trial court and thereafter, as no-prosecution witness is examined till date, release of the accused on bail may likely to hamper the trial court and he may again indulge in trafficking in drug business.

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The allegation relates to illegal possession of 25.8 kg of ganja by the accused petitioner and 03(three) others.

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The case record reveals that the court of learned Special Judge (NDPS Act), Karbi Anglong, Diphu has framed charges under Sections 20 (b) (ii) (C)/29 of the NDPS Act vide order, dated 24.05.2022. Thereafter, the learned trial court has not yet examined any prosecution witness till date although summons have been issued to them. Therefore, this Court is of the opinion that in view of the stringent bar contained in Section 37 of the NDPS Act, the bail application of the accused petitioner cannot be accepted at the present stage of trial.

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Accordingly, the bail application stands rejected.

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However, the accused petitioner is given liberty to file fresh bail application, if so advised and if such bail application is filed, the same shall be disposed of by the learned court below at an appropriate stage of trial in accordance with law.

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With the above direction, the bail application stands disposed of.

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JUDGE

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Comparing Assistant

Gautam Rokshit @ Gautam Rakshit v. the State of Assam

Case brief

What is this about?

What did the court decide?

Gautam Rokshit @ Gautam Rakshit v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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