Dismissed

Krishna Sikari v. the State of Assam

Gauhati HC13 Dec 2023Bail Appln./3366/2023

Case brief

AI extract

What is this about?

In a bail application in a Special NDPS case involving commercial quantity of contraband, the Gauhati High Court rejected the bail plea due to the Section 37 embargo despite long detention and nearly completed trial, directing the lower court to dispose of the case expeditiously.

What did the court decide?

Bail application rejected; trial court directed to dispose of the case expeditiously.

Krishna Sikari Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2023)

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GAHC010213132023

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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./3366/2023

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KRISHNA SIKARI S/O NANDLAL SIKARI R/O LANKA TOWN, WARD NO. 4, P.S. LANKA DIST. HOJAI, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR A TEWARI

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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Date : 13.12.2023

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Heard Mr. A. Tiwari, learned counsel for the petitioner. Also heard Ms. A. Begum, learned Additional Public Prosecutor for the State respondent.

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This application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Sri Krishna Sikari who has been detained behind the bars since 19.09.2022 in connection with Special NDPS Case No. 11(H)/2023 under Section 20(c)/29 of the NDPS Act, 1985 read with Section 34 of the Indian Penal Code.

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The learned counsel for the petitioner has submitted that the petitioner has been detained behind the

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bars for a long time i.e. since 19.09.2022, for the trial. It is also submitted that the witnesses examined during the trial have not implicated the present petitioner, and hence, he prays for allowing him to go on bail.

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On the other hand, the learned Additional Public Prosecutor has submitted that as the quantity of contraband seized in this case is of commercial quantity, hence, embargo of Section 37 applies and therefore, he oposes the grant of bail to the petitioner.

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I have considered submissions made by the learned counsel for both the sides and also perused the scanned copy of the record of Special NDPS Case No. 11(H)/2023 which is available before this Court. Though the petitioner has been detained behind the bars for a long period of time, however, it appears that as the quantity of contraband involved in this case is of commercial quantity, the embargo of Section 32 would come into play. Moreover, it also appears that the trial has progressed fairly well and it is nearly on completion and the next date is fixed on 16.12.2023.

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Considering the fact that the trial is fairly progressing towards completion and also considering the fact that the embargo of Section 37 applies, the prayer for bail of the present petitioner is rejected at this stage.

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However, considering the fact that the petitioner has been behind the bars for a long time i.e. since 19.09.2022, the learned trial Court is directed to make an endeavour to dispose of the Special NDPS case No. 11(H)/2023 as early as possible.

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With this observation this bail application is disposed of.

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Let a copy of this order be sent to the learned Trial Court.

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JUDGE

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Comparing Assistant

Krishna Sikari v. the State of Assam

Case brief

What is this about?

What did the court decide?

Krishna Sikari v. the State of Assam

Case brief

What is this about?

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What the court decided

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