The Gauhati High Court disposed of a bail application filed by a petitioner in an NDPS drug case. The court directed the petitioner to approach the concerned jurisdictional court for regular bail instead of granting interim bail.
Petitioner granted liberty to move the concerned jurisdictional court for regular bail.
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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GAHC010092012023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1519/2023
JITUL ALI S/O YASIN ALI R/O VILL- JAIGURU AMINGAON P.O. AMINGAON P.S. CHANGSARI DIST. KAMRUP ASSAM PIN-781031
VERSUS
THE UNION OF INDIA REP. BY STANDING COUNSEL ARCOTICS CONTROL BUREAU.
-----------Advocate for : MR. T DEURI Advocate for : SC NCB appearing for THE UNION OF INDIA
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
21-06-2023
Heard Mr. T. Deuri, learned counsel for the petitioner and Mr. S. C. Keyal, learned Standing Counsel/ Public Prosecutor, NCB for the respondent.
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By this application under Section 439 CrPC, the petitioner, namely, Sri Jitul Ali is seeking bail in Narcotics Control Bureau Crime Case No. 24/2022 registered under Sections 8 (c) read with Section 20 (b)(ii)(C)/21(c)/22(c)/29 of the Narcotic Drug and Psychotropic Substances Act, wherein, he was taken into custody on 19.12.2022 and since then, he is in custody.
Mr. Keyal, learned Public Prosecutor for the respondent NCB submitted that the NCB has already submitted the Office Report/Charge-sheet in said Narcotics Control Bureau Crime Case No. 24/2022 on 14.06.2023 .
In that regard, Mr. Keyal submitted that another accused person arrested in the same case also preferred BA No. 1600/2023, which was disposed of on 16.06.2023 considering the fact that the Office Report/Charge-sheet was already filed on 14.06.2023 in said Narcotics Control Bureau Crime Case No. 24/2022.
After hearing the learned counsels for the parties and considering the above, this bail application of the petitioner, namely, Sri Jitul Ali filed in said Narcotics Control Bureau Crime Case No. 24/2022 stands closed granting him liberty to move the concerned jurisdictional Court for his regular bail in said Narcotics Control Bureau Crime Case No. 24/2022.
With the above observation and direction, this bail application stands disposed of.
Comparing Assistant
1 issue framed by the court
Whether bail application filed under Section 439 CrPC in an NDPS case registered under Sections 8(c) read with Sections 20, 21, 22 and 29 deserves regular bail considering the submission of the charge
2 provisions across 2 enactments
JITUL ALI S/O YASIN ALI
THE UNION OF INDIA REP. BY STANDING COUNSEL ARCOTICS CONTROL BUREAU
MANASH RANJAN PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
