In this bail application regarding an NDPS charge, the Gauhati High Court rejected the prayer for bail. The court noted the accused had criminal antecedents, the trial was partially completed, and granting bail might hamper the trial; thus, bail was denied.
Bail was rejected and the application was disposed off.
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.
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GAHC010075942022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./887/2022
RABI JAISWAL AND 2 ORS S/O LATE JHABULAL JAISWAL R/O BOKAJAN, WARD NO. 7, SUKANJAN P.S. BOKAJAN, DIST. KARBI ANGLONG, ASSAM
2: SRI ROSHAN KUMAR @ ROSON KUMAR S/O SRI TEK BAHADUR KUMAR R/O KANGLATONGBI P.S. SEKMAI DIST. IMPHAL WEST MANIPUR.
3: SRI DULU BORUAH S/O SRI KANGKHADHAR BORUAH R/O SUNPURA DOLOPANI P.S. CHENG CHUP DIST. TINSUKIA ASSA
VERSUS
THE STATE OF ASSAM REP. BY LEARNED PP, ASSAM
Advocate for the Petitioner : MR. N HASAN
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 18.05.2022
Heard Mr. N Hasan, learned Counsel for the accused petitioners and Mr. BB Gogoi, learned Addl.Public Prosecutor for the State respondent.
By this petition under Section 439 Cr.P.C., the petitioners, namely, 1.Rabi Jaiswal, 2. Roshan Kumar @ Roson Kumar and 3. Dulu Boruah have prayed for granting bail in connection with NDPS Case No.11(CH)/2021 under Sections 21 ( c)/27/29 of the NDPS Act .
The scanned copy of the case records is received.
The case relates to seizure of inter-alia 357.04 gms of suspected heroin contained in 27 number of soap cases from the joint possession of the accused petitioners transported in two secret chambers near the rear wheels of a car and cash amount of Rs.2.5 lakhs.
The accused petitioners are in judicial custody since 19.08.2021, that is, for 272 days.
The case record reveals that the trial court of learned Addl.Special Judge, FTC, Tinsukia, after considering the materials on record and hearing of both sides, has framed charges under Sections 21©/29 of the NDPS Act vide order, dated 15.12.2021. Thereafter, 8 (eight) prosecution witnesses, out of 21(twenty one) listed witnesses are examined till date. The case record reveals that the petitioner Nos. 1 and 2 have criminal antecedent in contraband drug trafficking cases in connection with Doomdooma PS Case No.45/2021 and Khatkhati PS Case No.168/2020 respectively. On reading of the evidence of the prosecution witnesses and perusal of the relevant documents, it cannot be believed that the accused petitioners are not guilty of the charged offences and that they are not likely to commit any such offences while on bail, subject however, to examination of the remaining cited material witnesses.
Therefore, this Court is of the opinion that if the liberty of bail is granted to the accused petitioners, the trial of the case may likely to be hampered.
Therefore, the bail application stands rejected.
The bail application stands disposed off.
JUDGE
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Comparing Assistant
3 issues framed by the court
Whether bail should be granted to accused accused Rabi Jaiswal and ors in connection with NDPS Case No 11(CH)/2021 under Sections 21 (c)/27/29 of the NDPS Act.
Whether the accused having criminal antecedent and the likelihood of hampering the trial disclose that bail prayers must be rejected.
Whether the trial may be likely to be hampered if liberty of bail is granted to the accused petitioners.
2 provisions across 2 enactments
Rabi Jaiswal and Ors
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
