The Gauhati High Court disposed of a bail application under Section 439 Cr.P.C. read with Section 37 NDPS Act. Rejecting unnecessary judicial intervention for a non-capital offence, the Court directed the petitioner to approach the Special Court first.
Bail application disposed; petitioner directed to file application before the Special Court.
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GAHC030003082024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./49/2024
Ramchandra Das
Boxanagar GP, Ward No. 4, PO - Boxanagar, PS - Kalamchoura, District - Sepahijala, Tripura - 799102
VERSUS
State of Mizoram Aizawl
Advocate for the Petitioner : Mr. Siraj Ali
Advocate for the Respondent : P.P./Addl.PP, Mizoram
BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER
Date : 14.05.2024
Heard Mr. Siraj Ali, learned counsel for the petitioner, who has filed the instant bail application under Section 439 of the Code of Criminal Procedure r/w Section 37 of the ND&PS Act for granting bail to the accused person/petitioner, who has been in custody for 213 days in connection with case no. Excise & Narcotic Case No. N- 231/2023 under Section 22(c) of the ND&PS Act.
On perusal of the documents enclosed, it is seen that there is no previous bail application filed before the learned Judge, Special Court, ND&PS Act. Thus, this Court
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finds that the instant offence for which bail is applied for is under Section 22(c) ND&PS Act, which is not an offence punishable with death or imprisonment. No sufficient reasons is given to invoke the special powers of this Court under Section 439 Cr.P.C. This Court therefore, find it more appropriate that the applicant, in the first instance, move the bail application before the learned Judge, Special Court, ND&PS Act.
Accordingly, the instant Bail Application No. 49/2024 stands disposed of as
above.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the High Court should exercise its special powers under Section 439 Cr.P.C. when an offence under Section 22(c) NDPS Act is not punishable with death or imprisonment.
Whether a petitioner lacking prior bail history before the Special Court warrants invoking the High Court's supervisory jurisdiction.
2 provisions across 2 enactments
Ramchandra Das
State of Mizoram
Marli Vankung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
