Allowed

Priyangshu Gogoi v. the State of Assam

Gauhati HC28 Apr 2024Bail Appln./1008/2024

Case brief

AI extract

What is this about?

High Court allowed bail for a drug addict accused in an NDPS case involving intermediate quantity of heroine. Court ruled that further custodial interrogation was unnecessary given the detention period and nature of the offense. Bail granted on 50,000 rupees bond with conditions against leaving jurisdiction or influencing witnesses.

What did the court decide?

Petitioner released on bail with ₹50,000 bond and one surety, subject to conditions not leaving jurisdiction or interfering in the case.

Priyangshu Gogoi Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010086362024

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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./1008/2024

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PRIYANGSHU GOGOI S/O -LT. PRAMUD GOGOI R/O. VILL - KB ROAD BORMURIA TINIALI P/S . NORTH LAKHIMPUR DISTRICT-LAKHIMPUR.

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP ASSAM

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-----------Advocate for : MR. B CHOWDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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BEFORE

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HONOURABLE MRS. JUSTICE MALASRI NANDI

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ORDER

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Date : 29.04.2024

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Heard Mr. B. Choudhury, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor appearing for the State.

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Page No.# 2/3

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This is an application filed under Section 439 Cr.P.C. , seeking bail by the petitioner, namely, Priyanku Tamuli Phukon, in connection with North Lakhimpur P.S. Case No. 58/2024 (corresponding to G.R. No. 178/2024) registered under Section 21(b)/29 of NDPS Act, 1985.

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The learned counsel for the petitioner submits that the petitioner has been languishing in judicial custody since 13.03.2024. The quantity of suspected heroine recovered from the possession of the present petitioner is intermediate. It is further submitted that four persons were arrested in connection with this case including the present petitioner. From the FIR as well as forwarding report, it reveals that the petitioner is a drug addict. Considering the period of detention as well as the background of the case, the petitioner may be enlarged on bail.

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On the other hand, Mr. Das, learned Additional Public Prosecutor for the State has produced the case diary and submitted that intermediate suspected heroine was recovered from the possession of four arrested persons. However, FSL report has not been received. He further submits that at this stage, bail may not be considered to the petitioner.

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I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary.

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It appears that the petitioner is a drug addict person. Considering the fact as well as the length of detention of the petitioner, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary for the purpose of investigation of the case.

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Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Lakhimpur P.S. Case No. 58/2024 (corresponding to G.R. No. 178/2024) registered under Section 21(b)/29 of NDPS Act,

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Page No.# 3/3

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1985, on furnishing bail bond of Rs.50,000/- with one suitable surety of the like amount to the satisfaction of learned Special Judge, North Lakhimpur, Lakhimpur, Assam.

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The direction for bail is further subject to the conditions that the accusedpetitioner:

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(i) shall not leave the territorial jurisdiction of learned Special Judge, North Lakhimpur, Lakhimpur, Assam, without prior written permission from him/her;

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(ii) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court.

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In terms of the above, this bail application stands disposed of.

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JUDGE

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Comparing Assistant

Priyangshu Gogoi v. the State of Assam

Case brief

What is this about?

What did the court decide?

Priyangshu Gogoi v. the State of Assam

Case brief

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