This bail application under Section 439 Cr.P.C. per the NDPS Act was rejected as not fit for bail. The court noted the possession of 324 drug packets, indicating habitual use by the petitioners.
Prayer for bail of the accused-petitioners rejected. The application stands disposed of.
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GAHC010030042022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./368/2022
SANKAR RAJBONSI AND ANR S/O HARERAM RAJBONSI R/O LAKHIMINAGAR, NABODAI PATH HOUSE NO. 5, P.S. HATIGAON, DIST. KAMRUP (M), ASSAM
2: SRI MINTU RAJBONSI S/O HARERAM RAJBONSI R/O LAKHIMINAGAR NABODAI PATH HOUSE NO. 5 P.S. HATIGAON DIST. KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. R CHETRI
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
04-03-2022
This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioner, namely, 1. Sri Sankar Rajbonsi and 2. Sri Mintu Rajbonsi , in
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connection with Hatigaon Police Station Case No. 12/2022 , registered under Section 20(b) of the NDSP Act.
Heard Mr. R. Chetri, learned representing the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor representing the State.
The case diary produced has been perused.
Considering the materials in the case diary this is not found to be a fit case for grant of bail to the petitioner at this stage.
Accordingly, the prayer for bail of the accused-petitioner is rejected at this stage. This Court has also taken note of the fact that 324 small packets of dried brown leaf were found in the possession of the petitioners, which indicates that the petitioners are habitual paddler of such kind of drugs.
The bail application stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether bail should be granted to the accused-petitioners in connection with offences under Section 20(b) of the NDPS Act.
Whether the possession of 324 small packets of dried brown leaf indicates habitual drug use and precludes bail.
Whether the materials in the case diary show that the petitioners are fit for bail at this stage.
2 provisions across 2 enactments
Sankar Rajbonsi and Anr
State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
