Bail granted to the petitioner in an NDPS case after the Gauhati High Court held he did not deserve detention in custody and was erroneously shown as an absconder. Petitioner to be released on bail upon appearing in trial court.
Petitioner to be released on bail of Rs. 25,000/- with one suitable surety upon appearance before the trial court.
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GAHC010142052023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./661/2023
SANDIP DUTTA S/O SAMARENDRA DUTTA R/O VILL- RANGAMATI P.S. BAZARICHERRA, DIST. KARIMGANJ, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM
2:JYOTI PRASAD DAS SI (UB) I/C NAGRA PP UNDER BAZARICHERRA POLICE STATION
DIST. KARIMGANJ ASSA
Advocate for the Petitioner : MR. M A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 11-07-2023
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Heard Mr. Azad Ahmed, learned counsel for the petitioner and Mr. R.J. Baruah, learned Addl. P.P., Assam.
This is an application under Section 482 of the CrPC in respect of the Special (NDPS) Case No. 158/2022 under Section 22(c)/25/29 of the NDPS Act, 1985 arising out of Bazaricherra P.S. Case No. 194/2022 pending in the court of the learned Special Judge, Karimganj.
The petitioner has been shown as absconder in the charge sheet. Now, the petitioner apprehends that if he appears before the trial court, he will be remanded to custody by the court below.
The petitioner has shown sufficient cause of his absence and submits that he has been unnecessarily shown as absconder in the charge sheet.
Mr. Baruah, learned Addl. P.P. has raised objection against the prayer of the petitioner and submits that summon was issued to the petitioner on 09.06.2023.
I have considered the submissions made by the learned counsel for the parties.
Since the petitioner wants to appear before the court below and face the trial, they do not deserve to be detained in custody. Accordingly, it is directed that on appearance before the trial court, the petitioner, namely, Sandip Dutta, he shall be released on bail of Rs. 25,000/- with one suitable surety to the satisfaction of the learned trial court.
The criminal petition is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner should be granted bail given apprehension of remand despite being shown as absconder.
Sandip Dutta
The State of Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
