Tapan Dhar v. The State of Assam

ORDER

31.08.2023 Heard Mr. A. Ahmed, learned counsel for the accused petitioner. Also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused petitioner, namely Tapan Dhar has prayed for grant of bail in connection with Special(N.D.P.S.) Page No.# 2/3 Case No.26/2022 pending in the Court of learned Special Judge, Karimganj arising out of Karimganj P.S. Case No.101/2022 under Sections 22(c)/29 of the N.D.P.S. Act. The scanned copy of case record, as called for, is placed before the Court. The case relates to recovery and seizure of suspected to be narcotic drugs/Yaba tablets weighing 171 grams (net weight) from the possession of the accused petitioner and another which amounts to commercial quantity under the NDPS Act. The F.S.L. report shows that the sample of the seized tablets gave positive tests for Methamphetamine. It is noticed that the accused petitioner has been in judicial custody since

15.02.2022, that is, for 563 days. Perusal of the case record shows that charges were framed by the learned trial Court under Sections 22(c)/25/29 of the NDPS Act against the accused petitioner and another vide order, dated 30.09.2022. Thereafter, out of the listed 9(nine) prosecution witnesses 4(four) P.Ws are already examined in the case.

Upon hearing the learned counsel of both sides and considering the grounds cited in the petition along with the documents annexed therewith, this Court is of the opinion that although there is bar under Section 37 of the N.D.P.S. Act in granting bail to accused in matters involving commercial quantity, in view of the mandate under Article 21 of the Constitution of India, if the accused petitioner, who has been in judicial custody for last 563 days, is released on bail the remaining part of the trial is unlikely to be hampered. Accordingly, it is provided that the accused petitioner, named above, shall Page No.# 3/3 be released on bail of Rs.1,00,000/-(Rupees One Lakh) only with two sureties of like amount to the satisfaction of the learned Special Judge (NDPS Act), Karimganj 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 the remaining prosecution witnesses, who are acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court;

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

iv) That out of the two sureties, one must be a government servant subject to verification of the relevant documents, if deemed necessary and after such verification, the learned Court below shall return the original documents retaining legible scanned copy thereof on record for future reference. Breach of the above conditions shall render cancellation of the bail in accordance with law. This disposes of the bail application. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010116932023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1905/2023 TAPAN DHAR S/O UMESH DHAR R/O EAST RATACHERRA, PS. KUMARGHT, DIST. UNAKUTI, TRIPURA VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR