Rajesh Mishra Vs the State of Assam

Rajesh Mishra, son of late Ravinder Mishra, resident of Village- L-764/B-Gali No. 9, Sangan Vihar, Deoli, South Delhi, seeking bail in NDPS Case No. 24/2024 arising out of Guwahati GRPS

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Case No. 207/2023 under Sections 20(b)(ii)(C)/29 of the NDPS Act, corresponding to G.R. No. 7647/2023, presently pending before the Court of the learned Special Judge (NDPS), Kamrup (Metro), Guwahati, wherein he was arrested on 13.10.2023 and is in custody since then.

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3. Petitioner contended that police personnel from Guwahati GRPS on 13.10.2023 recovered 8.200 KGs of Ganja (Cannabis) from his possession and on the same day from two other persons recovered 17.780 KGs and 20.915 KGS of Cannabis. All these three individuals including the present petitioner were in the same train, but were travelling separately and are no way connected with each other. However, from the petitioner and other two persons as the police personnel from Guwahati GRPS recovered 46.895 KGs of Cannabis, it amounted to commercial quantity and he has been detained in custody since 13.10.2023.

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4. Hence, this bail application by the petitioner seeking bail in said NDPS Case No. 24/2024, considering his detention in custody since 13.10.2023.

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5. It is contended by the petitioner that evidence of only few prosecution witnesses have been recorded till date. But he is languishing in jail only for possession of 8.200 KGs of Cannabis since 13.10.2023.

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6. Mr. B Sharma, learned APP, Assam, submitted that as on date, evidence of the seizure witness are yet to be recorded. As such, the petitioner cannot be released on bail at this stage.

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7. Perused the case records that was called for by the Court earlier on 27.02.2025.

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8. From the records of the case, it is seen that based on specific information regarding illegal transportation of suspected Ganja from Agartala towards Jharkhand by unknown culprits in Train No. 14619, Agartola to Firozpur DN Express, police personnel from Guwahati GRPS entered the said information as GD Entry No. 317 dated 13.10.2023 and police personnel were placed in the platform and the concerned train to inspect such NDPS items carried by passengers in it.

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9. From the case records, it is seen that the petitioner along with two other accused persons of the case were traveling in the same AC-III tier compartment in Train No. 14619, Agartola – Firozpur DN Express. Search was made in the said train in the early morning of 13.10.2023 and they were found seating in the wider side of the train in their respective seats that were close by. When their identification was made and asked to show their respective baggages, then police personnel found suspected Ganja (Cannabis) in the bags carried by the

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petitioner and the other two accused persons and accordingly they were brought down from the train along with their bags.

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10. From the possession of the petitioner, 8.200 KGs of suspected Ganja wrapped in a Yellow colour plastic bag was recovered, from one Ranjit Debbarma recovered 17.780 KGs of suspected Ganja wrapped in yellow colour plastic. Further, from the third person, i.e., Bidya Nath Singh 6 KGs of suspected Ganja wrapped in a red colour plasctic bag and 14.915 KGs of suspected Ganja wrapped in yellow colour plastic bag were recovered, all in presence of independent witnesses.

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11. The petitioner was accordingly arrested and produced before the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati on 13.10.2023 itself.

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12. The suspected NDPS items were accordingly seized, sealed and after making inventory, its samples were sent to the FSL for its necessary examination and report.

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13. From the case records, it is seen that FSL report dated 27.12.2023 affirmed the seized NDPS items from the possession of the petitioner and other accused persons of the case to be Ganja (Cannabis).

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14. On completion of the investigation of the case, police submitted charge-sheet in said Guwahati GRPS Case No. 207/2023 on 16.01.2024 under Sections 20(b)(ii)(C)/29 of the NDPS Act and placed it before the learned Special Judge (NDPS), Kamrup (Metro), Guwahati.

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15. After receipt of the said charge-sheet in said Guwahati GRPS Case No. 207/2023, the same was registered as NDPS Case No. 24/2024 before the Court of the learned Special Judge (NDPS), Kamrup (Metro), Guwahati.

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16. It is seen from the charge-sheet of the case that it contains 8 Nos. of prosecution witnesses.

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17. From the case records, it is seen that up-to December, 2024 evidence of 4 of the prosecution witnesses have been recorded. However, on the last two dates, prosecution witnesses were not present in said NDPS Case No. 24/2024 and the matter is now fixed in the month of April, 2025 for recording of evidence of prosecution witnesses.

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18. Considering such materials in the case records and finding that after framing of charge on 27.03.2024 prosecution have already adduced the evidence of 4 of its witnesses, the Court is

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of the opinion that there is no such inordinate delay in the trial of the case affecting the right of the petitioner for a speedy trial.

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19. Since, the prosecution have already adduced evidence of 4 out of 8 of its witnesses after December, 2024, considering the same, the Court is of the view that detention of the petitioner since 13.10.2023 cannot be considered for his bail in said NDPS Case No. 24/2024 arising out of Guwahati GRPS Case No. 207/2023.

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20. Accordingly, this bail application of the petitioner, Rajesh Mishra , in said NDPS Case No. 24/2024 arising out of Guwahati GRPS Case No. 207/2023, pending before the Court of the learned Special Judge (NDPS), Kamrup (Metro), Guwahati, stands rejected .

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JUDGE

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Rajesh Mishra v. the State of Assam

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Rajesh Mishra v. the State of Assam

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