Rakesh Kumar v. The Union of India

ORDER

09.04.2024 Heard Mr. B Islam, learned counsel for the petitioner as well as Ms. M. Deka, learned Standing Counsel, NCB. This is an application filed under Section 439 CrPC by the petitioner, namely, Rakesh Kumar, for releasing him on bail in connection with NDPS Case No. 146/2022 arising out of NCB Case No. 30/2021 registered under Sections 20(b)(ii)(C)/29 of the Page No.# 2/2 NDPS Act pending in the court of the learned Additional Sessions Judge No. 2, Kamrup

(M), Guwahati. The petitioner was found in possession of commercial quantity of narcotic drugs. The case has already been chargesheeted, which contains 11 (eleven) numbers of prosecution witnesses. 3 (three) of them are already examined. The learned counsel for the petitioner has submitted that the petitioner has already completed more than 834 days in judicial custody and his period of detention should be taken as a ground for releasing him on bail. I have considered the submission made by the learned counsel for both the sides. This court is of the opinion that releasing the petitioner on bail at this stage would hamper the early disposal of the case pending before the learned trial court. Therefore, bail prayer of the petitioner is found to be not satisfactory and accordingly the same is dismissed. The bail application is disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010072812024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1046/2024 RAKESH KUMAR S/O BASANT RAM R/O- VILLAGE-JINWALIA, P.O. SIRSIA, P.S. SIRSIA, BETTIAH, DIST. WEST CHAMPARAN, BIHAR VERSUS THE UNION OF INDIA TO BE REPRESENTED BY THE STANDING COUNSEL, NARCOTICS CONTROL BUREAU, GUWAHATI ZONAL UNIT, GUWAHATI. Advocate for the Petitioner : MR. J C GOGOI Advocate for the Respondent : SC, NCB BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA