Ravindra Ray and Anr. v. the Union of India
Case brief
What is this about?
H.C. Gauhati rejected a bail petition involving 1051 days custody for narcotics possession. While noting trial delays due to absent co-accused, the Court held there is a bar under Section 37 NDP.S. Act. It directed expeditious trial within 3 months and permitted future bail application at appropriate stage.
What did the court decide?
Bail rejected; directions issued for trial within 3 months; liberty to re-apply for bail at appropriate stage.
What the court decided
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GAHC010056842023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1037/2023
RAVINDRA RAY AND ANR
S/O- BALESHWAR RAY, R/O- DUMARI DAKSHINI, P.S. PATORI CHAPRA, DIST.- SAMASTIPUR, BIHAR- 848506
2: GHUNTUN RAY S/O- KAMESWAR RAY R/O- DUMARI DAKSHINI CHAPRA P.S. PATORI DIST.- SAMASTIPUR BIHAR- 84850
VERSUS
THE UNION OF INDIA REP. BY THE NARCOTICS CONTROL BUREAU
Advocate for the Petitioner : MR D J HALOI
Advocate for the Respondent : SC, NCB
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
Issues for consideration
3 issues framed by the court
Whether the accused accused of possessing commercial quantity of drugs should be granted bail considering prolonged detention and delay in trial caused by co-accused unavailability.
Whether the directions for expeditious trial and filing bail application at an appropriate stage are sufficient since bail application is rejected.
Whether prolonged detention in custody without trial infringes the right to speedy justice in cases involving commercial quantity of narcotics.
Parties & counsel
- petitioner
RAVINDRA RAY AND ANR
- respondent
THE UNION OF INDIA REP. BY THE NARCOTICS CONTROL BUREAU
Coram
AJIT BORTHAKUR
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · May
- Registered
- Case no.
- Bail Appln./1037/2023
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