Amal Kishore and Anr v. The State of Assam

ORDER Date : 08-01-2024

¶1Heard Ms. T. Som for the petitioners Amal Kishore and Ashish Yadav.

¶2The petitioners have filed this application under Section 439 of the Code of Criminal Procedure as he is behind bars since 27.12.2023 in connection with Changsari Police Station Case No. 439/2023 registered under Sections 22(c)/29 Page No.# 2/3 of NDPS Act.

¶3Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent State of Assam.

¶4It is submitted on behalf of the petitioners that they are employees of the company and they were helping in loading and unloading the goods for the consignment. It is also submitted on behalf of the petitioners that it cannot be said that the petitioners have acted in contravention of the provisions and rules of the NDPS Act. Invoices dated 14.12.2023 has already been generated which have been billed to be shifted to R & H Pharmacy (Amosa Lallawmzuala) for the said consignment for ALCOF-CD Syrup amounting to Rs.98,560/- as well as under the purchase order dated 24.11.2023 amounting to Rs.11,20,000.00 (Rupees Eleven Lakhs Twenty Thousand) for codeine with triproledine syrup. The petitioners are employees of Safeexpress Private limited and they were working under the instruction of the Supervisor.

¶5The learned Additional Public Prosecutor has submitted that the Supervisor has appeared before the Investigating Officer and has submitted the invoices relating to transportation of the consignment, but he was not arrested in connection with this case.

¶6I have considered the submissions that the petitioners were working under the directions of the Supervisor who had already appeared before the Investigating Officer and had submitted the invoices relating to the transportation of the consignment to the consignee. The petitioners are employees of Safeexpress i.e. the transporter.

¶7I have also perused the case diary.

¶8The petitioners have already been interrogated and they have been Page No.# 3/3 behind bars since 27.12.2023. The petitioners have made out a case to be granted bail.

¶9Considering all aspects, petition is allowed.

¶10The petitioners are enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a local surety of like amount to the satisfaction of learned Special Judge, Kamrup under the conditions:

(1) The petitioners shall cooperate with the remaining part of the investigation;

(2) The petitioners shall not jump the bail.

¶11On breach of any of the bail conditions, bail order shall stand cancelled.

¶12Considering the peculiar and unique nature of this case, bail is granted and this order may not be taken as a precedent.

¶13Bail Application stands disposed of in the above terms.

¶14Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010000022024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./10/2024 AMAL KISHORE AND ANR S/O RAMPRIT RAM R/O VILL. BHUKAUL P.S SADAR DARBHANGA DIST DARBHANGA BIHAR 2: ASHISH YADAV S/O BANWAREE YADAV R/O VILL PATANA P.S KHANPUR DIS. GAZIPUR UTTAR PRADES VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND