Disposed

Sandarjya Das v. the State of Assam

Gauhati HC1 Aug 2024Bail Appln./1935/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 CrPC for possession of intermediate quantity of heroin under Section 21(b) NDPS Act. Considering the petitioner's 57-day detention, the court enlarged him on bail of Rs. 50,000 with one surety and conditions including cooperation with investigation.

What did the court decide?

Petitioner enlarged on bail of Rs. 50,000 with one surety and conditions; breach cancels bail automatically.

Sandarjya Das Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2024)

¶1

Page No.# 1/3

¶2

GAHC010132452024

¶3

THE GAUHATI HIGH COURT

¶4

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : Bail Appln./1935/2024

¶6

SANDARJYA DAS S/O ASHOK DAS VILL- AGIA PT.II (ULUBARI) P.O. AND P.S. AGIA DIST. GOALPARA, ASSAM PIN-783101

¶7

VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM

¶8

Advocate for the Petitioner : MR. M R KHANDAKAR,

¶9

Advocate for the Respondent : PP, ASSAM,

¶10

BEFORE

¶11

HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

¶12

ORDER

¶13

02.08.2024

¶14

Heard Mr M R Khandakar, learned counsel for the petitioner, Sandarjya Das, who

¶15

has filed this application under Section 439 CrPC, with prayer for bail as he is behind

¶16

bars since 07.06.2024, in connection with Boko PS Case No. 260/2024, corresponding to GR No. 315(K)/2024, under Section 21 (b) of the NDPS Act.

¶17

Also heard Mr M P Goswami, learned Additional Public Prosecutor for the State of

¶18

Page No.# 2/3

¶19

Assam.

¶20

It is submitted on behalf of the petitioner that the petitioner is behind bars for 57 days and he will be prejudiced if he is not granted bail today.

¶21

The learned Additional Public Prosecutor has submitted that the Case Diary was called for, but the IO has prayed for time and has sent a WT praying for time to forward the Case Diary of the aforementioned case.

¶22

I have considered the submissions at the Bar with circumspection.

¶23

The petitioner was caught while he was in possession of intermediate quantity of heroin and thus, he is booked under Section 21(b) of the NDPS Act.

¶24

I have considered the length of detention. The petitioner is behind bars for 57 days.

¶25

Considering the length of detention, petition is allowed. The petitioner is enlarged on bail of Rs 50,000/- (Rupees Fifty thousand), with one suitable surety of the like

¶26

amount to the satisfaction of the jurisdictional Court, under the conditions that:

¶27

(i) the petitioner shall refrain from such activities with which he is alleged, ii) the petitioner shall cooperate with the remaining part of investigation, and

¶28

(iii) the petitioner shall not leave the jurisdiction of the Court without prior permission, and

¶29

On breach of any of the bail conditions, bail order shall automatically stand cancelled.

¶30

Page No.# 3/3

¶31

9. Bail Application stands disposed of.

¶32

JUDGE

¶33

Comparing Assistant

Sandarjya Das v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sandarjya Das v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sanjoy Adhikary Vs State of Assam

Paresh Dey Vs State of Assam

Harish Kr Pareek Vs State of Assam

Nur Hussain Ali Vs the State of Assam

Hari Prasad Pandiya Vs the State of Assam

Hamed Ali Vs the State of Assam