Parimal Acharjee v. The State of Assam

PageoNo.#o1/3 GAHC010019042024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/232/2024o PARIMALoACHARJEEo S/OoLATEoRANADAoRANJANoACHARJEEo R/Oo04/54,oWARDoNO.o4,oMADHUBANoGP,oP.S.oAMTALI,o AGARTALA,o WESToTRIPURA,oPIN-799003. VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oDoCHAKRABARTYo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 B E F O R E HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

09.02.2024

¶1Heard Mr. D.K. Chakrabarty, learned counsel appearing for the petitioner as well as Mr. M.P. Goswami, learned Additional Public Prosecutor for the State respondent.

¶2The petitioner, namely, Parimal Acharjee, has filed this application under Section 438 Cr.P.C with prayer for pre-arrest bail as he is apprehending arrest in connection with STF P.S. Case No. 16/2023, registered under Section 279 of the Indian Penal code, 1860 r/w section 22 (C) of the NDPS Act, 1985.

¶3It is submitted on behalf of the petitioner that he is in no way connected with this case. It is submitted that a notice has been issued under Section 160 Cr.P.C against the petitioner in a manner which appears that the petitioner has to co-operate with the interrogation by the police in connection with the aforementioned case. This is the reason why the petitioner is apprehending arrest. It is also submitted that the petitioner is not the owner of the Bharatbenz Truck B/R No. RJ11GB 0508. The owner of the said truck is also not known to the petitioner.

¶4It is submitted by the learned Addl. P.P. that only notice has been issued under Section 160 Cr.P.C against the petitioner as a witness and there is no apprehension that the petitioner may be arrested. Page No.# 3/3

¶5I have considered the submissions at the Bar. It appears that there is no apprehension that the petitioner may be arrested in connection with the aforementioned case, so petition with prayer for anticipatory bail stands rejected at this stage.

¶6With the above observation and direction, this petition stands disposed of. Send back the case diary.

JUDGE Comparing Assistant