In a bail application under Section 439 Cr.P.C. regarding recovery of suspected codeine, the Gauhati High Court rejected the plea solely on the ground of the length of detention being insufficient for enlargement.
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.
Page No.# 1/2
GAHC010035202023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./602/2023
BIPLAB DAS
S/O- LT. SUNIL DAS, RESIDENT OF 2 NO. PIPAL PUKHURI, NEAR FOREST BAZAR, P.S- LANKA, DIST- HOJAI, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY PP, ASSAM
Advocate for the Petitioner : MR. B HALDAR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 25.04.2023
Heard Mr. B. Haldar, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State/respondent.
By this petition under Section 439 Cr.P.C., the petitioner, namely, Sri Biplab Das, has prayed for grant of bail in connection with Lanka P.S. Case No. 489/2022 u/s 21(c) of the NDPS Act.
The case diary, as called for, is received without the FSL report.
The accused petitioner is behind the bar since 23.11.2022, i.e. for 154 days.
Page No.# 2/2
The matter relates to recovery and seizure of 376 nos. of suspected to be Codeine Phosphate Syrup from the possession of the accused petitioner.
On perusal of the case diary, it appears that there is prima facie incriminating material against the accused petitioner. The seizure memo also shows that the seized articles were recovered from the possession of the accused petitioner.
In the backdrop of facts and attending circumstances as emerged from the case diary, this Court is of the opinion that on the ground of length of detention only, the accused petitioner cannot be enlarged on bail.
Therefore, the bail application stands rejected.
Return the case diary.
This disposes of the bail application.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner should be granted bail in a case under Section 21(c) of the NDPS Act despite the length of detention.
2 provisions across 2 enactments
Biplab Das
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
