Sasuma Daimari and 2 Ors. Vs the State of Assam

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GAHC010233862024

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2025:GAU-AS:2418

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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./3419/2024

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SASUMA DAIMARI AND 2 ORS. S/O SRI BABU DAIMARI, R/O MAZBAT ADARSHAGAON BAHADUR, P.S.MAZBAT, DIST-UDALGURI, ASSAM

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2: JOSPIN DAIMARI S/O PROBIN DAIMARY R/O MAZBAT ADARSHAGAON BAHADUR P.S.-MAZBAT DIST-UDALGURI ASSAM 3: RAIDAO NARZARY S/O HUSEN NARZARY R/O VILL NO. 5 GWJWNPURI P.S.- MAZBAT DIST- UDALGURI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. A BHATTACHARYA, MS ANKITA SAHARIA,MR. A BHATTACHARJEE,MR S PAUL,MS. K MALAKAR

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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07.03.2025

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Heard Ms. K. Malakar, learned counsel for the petitioners as well as Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the State.

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2) The petitioners, namely, (i) Sri Sasuma Daimari, son of Sri Babu Daimari; (ii) Sri Jospin Daimari , son of Probin Daimary, both residents of Mazbat, Adarshagaon Bahadur, Police StationMazbat, District-Udalguri and (iii) Sri Raidao Narzary , son of Husen Narzary, resident of Village No. 5, Gwjwnpuri, Police Station-Mazbat, District-Udalguri have filed this application under Section 483 BNSS, 2023 praying for their bail in Gorchuk Police Station Case No. 284/2024 , registered under Sections 20(b)(ii)C/29 of the NDPS Act, 1985, corresponding to G.R. No. 5326/2024, in which, the petitioners were arrested on 10.09.2024 and are in custody since then.

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3) As per the FIR dated 10.09.2024 lodged before the Garchuk Police Station, the case is that on receipt of source information by Garchuk Police Station on 09.09.2024 that three persons in two different vehicles are approaching towards Khanapara from Jalukbari side in Guwahati with a huge quantity of suspected Cannabis with an intention to sell it in front of Maniram Dewan Trade Centre Gate at Betkuchi and at other places of Guwahati, the said information was entered as Garchuk P.S. G.D.E No. 39 dated 09.09.2024 and police personnel from Garchuk Police Station, after obtaining due authorisation, proceeded to Maniram Dewan Trade Centre Gate at Betkuchi and started conducting Naka checking. During such Naka checking, one Nissan car bearing Registration No. AS-01-BT-0800 with two persons were apprehended. When police personnel were questioning the two persons of the said Nissan car, another Alto car with one person coming from Jalukbari side to Khanapara bearing registration No. AS-12-AA-0976, on seeing the police personnel in front of the Maniram Dewan Trade Centre Gate at Betkuchi tried to flew away from the said spot. However, the said Alto car was intercepted and the person who was in the said Alto car was apprehended by the Police. During the search of those two vehicles, 67.05 kgs. of suspected Cannabis were recovered, which were accordingly seized and the three persons, i.e., the petitioners herein were taken into custody and produced before the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati on 10.09.2024. Hence this bail application by the petitioners.

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4) Accordingly, Garchuk Police Station Case No. 284/2024 under Sections 20(b)(ii)C/29 of the NDPS Act, 1985, corresponding to G.R. No. 5326/2024 was registered.

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5) On being enquired, Mr. B. Sharma, learned Additional Public Prosecutor, Assam on instruction submitted that though the investigation is complete, but due to non-availability of the FSL report, the charge sheet in said Gorchuk P.S. Case No. 284/2024 could not be filed.

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6) Mr. B. Sharma, learned Additional Public Prosecutor, Assam also submitted that he has specially enquired this morning and the Investigating Officer of said Gorchuk P.S. Case No. 284/2024 informed him that the FSL report is not yet ready.

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7) As on date, the petitioners have completed 178 days in custody. Tomorrow, i.e., 08.03.2025, being second Saturday and day after tomorrow, i.e., 09.03.2025, being Sunday are holidays and by these days, the petitioners shall complete the statutory/mandatory period of detention in custody of 180 days in said Gorchuk P.S. Case No. 284/2024.

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8) In view of the above, the petitioners are entitled for their bail in said Gorchuk P.S. Case No. 284/2024.

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9) Accordingly, the petitioners, namely, (i) Sri Sasuma Daimari, son of Sri Babu Daimari; (ii) Sri Jospin Daimari , son of Probin Daimary and (iii) Sri Raidao Narzary , son of Husen Narzary are granted bail in said Gorchuk P.S. Case No. 284/2024 on furnishing bail bond of Rs. 1,00,000/- each, with two local sureties, one of which shall be a Government employee, either Central or State Government, each of the like amount, to the satisfaction of the learned Special Judge (NDPS), Kamrup (Metro), Guwahati subject to the conditions that the petitioners —

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i) shall appear before the concerned Investigating Officer of said Gorchuk P.S. Case No. 284/2024, as and when they are required for necessary investigation of the case;

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ii) shall surrender their passports, if any, before learned Special Judge (NDPS), Kamrup (Metro), Guwahati on or before 14.03.2025, obtaining necessary acknowledgment in that regard from the said authority;

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iii) shall not leave the territorial jurisdiction of Gorchuk Police Station without obtaining prior written permission from the Investigating Officer of said Gorchuk P.S. Case No. 284/2024;

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iv) shall not hamper with the investigation, or tamper with the evidence of the case;

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v) 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 them from disclosing such facts to the Court or to any police officer and

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vi) shall not indulge themselves in any criminal activities including possession or procurement, transportation and selling of any such NDPS items.

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10) It is also made clear that in the event of filing of charge-sheet in said Gorchuk P.S. Case No. 284/2024 against the petitioners and on cognizance of offences being taken by the concerned Trial Court, the petitioners shall appear before the said Trial Court on the dates fixed.

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11) Violation of any of the aforesaid terms and conditions by the petitioners, namely, (i) Sri Sasuma Daimari, son of Sri Babu Daimari; (ii) Sri Jospin Daimari , son of Probin Daimary and (iii) Sri Raidao Narzary , son of Husen Narzary the bail granted to them in said Gorchuk P.S. Case No. 284/2024 shall stand automatically vacated.

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12) This bail application stands allowed to the extent above.

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JUDGE

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Comparing Assistant

Sasuma Daimari and 2 Ors. v. the State of Assam

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Sasuma Daimari and 2 Ors. v. the State of Assam

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