Deepak Kumar Sah and Anr v. The State of Assam

ORDER Date : 04.05.2023

Heard Ms. P. Mishra, learned counsel appearing for the accused petitioners as well as Mr. R. J. Baruah, learned Addl. P.P., Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioners, namely, 1. Sri Page No.# 2/3 Deepak Kumar Sah, 2. Akhilesh Kumar Mahta, have prayed for grant of bail in connection with Basistha P.S. Case No. 190/2023 under Sections 120B/379 of the IPC r/w Section 20(1)(2) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce Production, Supply and Distribution) Act, 2003. The case diary, as called for, is placed before the Court. The accused petitioners have been in judicial custody since 05.04.2023, i.e. for 30 days. The matter relates to recovery and seizure of huge quantity of foreign cigarettes from the possession of the accused petitioners. On perusal of the case diary, it appears that there is prima facie sufficient incriminating material against the accused petitioner subject, of course, to final outcome in investigation. The owner of the seized foreign origin cigarettes, which were purported to be stolen property, is yet to be identified. Therefore, having considered the facts and circumstances as emerged from the case diary and the length of detention in judicial custody, this Court is of the considered opinion that further continuation of detention of the accused in the interest of investigation is not warranted. Accordingly, it is provided that each of the accused petitioners, named above, shall be released on bail of Rs. 40,000/-with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati subject to the following conditions-

i) That the accused petitioners shall cooperate with the Investigating Officer as and when required; and Page No.# 3/3

ii) That the accused petitioners 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 him from disclosing such facts to the Police Officer or the Court;

iii) That the accused petitioners shall refrain from committing any similar offences in future, of which they are suspected of commission. Return the case diary. This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010081132023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1352/2023 DEEPAK KUMAR SAH AND ANR. S/O CHANDESHWAR SAH BY FAITH AND RELIGION HINDU BY PROFESSSION DRIVER, R/O HOUSE NO. 4 B T ROAD MANIPURI BASTI P.S PALTANBAZAR KAMRUP M GUWAHATI 8 ASSAM AND PERMANENT R/O VILL. BENIPATTA P.O. AND P.S BENIPATTY DIST. MADHUBANI BIHAR 2: AKHILESH KUMAR MAHTA S/O ASHOK MAHTA BY FAITH AND RELIGION HINDU BY PROFFESION HANDYMAN HELPER PERMANENT R/O VILL. BENIPATTA P.O. AND P.S BENIPATTY DIST. MADHUBANI BIHAR AND PRESENTLY RESIDING AT B T ROAD MANIPURI BASTI P.S. PALTAN BAZAR KAMRUP M GUWAHATI 8 ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. V N UPADHYAY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR