Prabhat Rabha v. The State of Assam

ORDER Date : 04.08.2023

Heard Ms. T Som, learned Counsel for the accused petitioner as well as Mr. B.Sarma, learned Additional Public Prosecutor. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Prabhat Rabha has prayed for grant of bail in connection with Special NDPS Case No. 55/2022 pending in the court of learned Additional Sessions Judge, Kamrup, Amingaon (arising out of Page No.# 2/4 Changsari No.228/2022) under Sections 20(B) (II) ( C) of the NDPS Act. The scanned copy of the case record, as called for, is placed before the Court. It is noticed that the accused petitioner has been in judicial custody since 11.06.2022, i.e. for 420 days. The case relates to recovery and seizure of 25 Kgs of Ganja from the possession of the accused petitioner and two other persons. A perusal of the case record reveals that the learned Trial Court framed charges under Sections 20(b) (ii) (c) of the N.D.P.S. Act against the accused petitioner and two others, vide order, dated 03.12.2022. Thereafter, the learned Trial Court has examined 6 (six) prosecution witnesses, out of 10 (ten) witnesses. FSL report gave positive tests for cannabis (ganja). The accused petitioner is a permanent resident under Koirabari Police Station, Dist-Udalguri, Assam. In view of above, this Court finds that further continuation of detention of the accused petitioner in the interest of the remaining part of trial is not required as there is no possibility of him fleeing from the course of justice. Having considered the evidence so far recorded in the case and the case diary and so far the remaining evidence of PWs are concerned as well as considering the length of detention, this Court is of the considered opinion that despite the bar contained in Section 37 of the NDPS Act in granting bail in the matter involving commercial quantity of drugs, the accused petitioner may be granted the liberty of bail subject to stringent conditions. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.1,00,000/- (Rupees One Lakh) only with 02(two) sureties of like amount to the satisfaction of the learned Special Judge (NDPS Page No.# 3/4 Act), Kamrup , Amingaon subject to the following conditions:

i) That the accused petitioner shall continue to appear before the learned trial Court on all dates to be fixed from time to time till the case is disposed of;

ii) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to any of the remaining prosecution witness who are acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court;

iii) That the accused petitioner shall refrain from committing any similar offences in future of which he is accused of commission; and

iv) That one of the two sureties must be a government servant subject to verification of the relevant documents and the learned Court below shall return the aforesaid documents after such verification retaining legible scanned copy thereof on record. Be it mentioned that no observation made in course of this bail order shall have any bearing in the judicial discretion of the learned trial Court. Breach of any of the above condition shall render cancellation of the bail in accordance with law. This disposes of the bail application.

JUDGE Page No.# 4/4 Comparing Assistant

Page No.# 1/4 GAHC010112352023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1859/2023 PRABHAT RABHA S/OTANU RAM RABHA VILL- ATELIAPARA P.O.KOIRABARI P.S. KOIRABARI DIST. UDALGURI PIN-784522 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 MR. JUSTICE AJIT BORTHAKUR