Khaneswari Basumotary v. The State of Assam

ORDER 10-06-2024 Heard Ms. M Das, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State. This is an application made under Section 439 Cr.P.C., seeking bail by the petitioner, namely, Mrs. Khaneswari Basumotary, in connection with Udalguri Police Station Case No. 12/2024, registered under Section 20(b)(ii)(C) of the NDPS Act, 1985. It is submitted by the learned counsel for the petitioner that the accused has been Page No.# 2/2 languishing in judicial custody for the last 131 days and considering her length of detention, the petitioner may be enlarged on bail. Mr. B Sarma, learned Additional Public Prosecutor, Assam has produced the case diary. Mr. B Sarma, learned Additional Public Prosecutor, Assam vehemently opposing the prayer for bail of the petitioner, has submitted that commercial quantity of Ganja (Cannabis) was recovered from the possession of the petitioner and the FSL Report has also confirmed the positive test for Ganja (Cannabis). I have heard the submissions of both the parties. Considering the submissions of the learned counsels for the parties, it reflects that commercial quantity of contraband items were recovered from the possession of the petitioner, as such, the rigors of Section 37 of the NDPS Act, 1985 has come into play. In view of the above, at this stage this Court is not inclined to release the petitioner on bail and the bail prayer of the petitioner is rejected. Return the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010092612024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1432/2024 KHANESWARI BASUMOTARY W/O SRI NARESWAR BASUMATARY R/O VILL- NO. 1 GORESWAR, P.S. GORESWAR, DIS. TAMULPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS M DAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI