Prasenjit Nama v. The State of Assam

ORDER

20.09.2024 Heard Mr S Hazarika, learned counsel for the petitioner, Sri Prasenjit Nama, who has filed this application under Section 483 of the BNSS, 2023, with prayer for bail as he is behind bars since 28.11.2023, in connection with Special NDPS Case No. 25 of 2022, arising out of Bazaricherra PS Case No. 41/2022, under Sections 22(C)/29 of the NDPS Act, 1985. Page No.# 2/2

¶2Heard Mr M P Goswami, learned Additional Public Prosecutor for the State of Assam.

¶3The allegation against the petitioner is that charge sheet has been laid against him in connection with offence under Sections 22(C)/29 of the NDPS Act, 1985. The allegation is that 4000 bottles of cough syrup were being transported by the accused named in the FIR.

¶4I have considered the submissions at the Bar.

¶5It is submitted at the Bar that 13 out of 15 witnesses have already been examined.

¶6It clearly reflects that this case has not been procrastinated either by the prosecution or by the Court, infringing the liberty of the petitioner.

¶7The rigour of Section 37 of the NDPS Act, restricts the bail petition. At this juncture, I am not inclined to grant bail to the petitioner.

¶8Petition stands rejected at this stage.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010118992024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1744/2024 PRASENJIT NAMA S/O PINKU NAMA R/O NORTH BRAJAPUR, P.S. BISHALGARH, DIST. SEPAHIJALA, TRIPURA. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR B KAUSHIK, S ACHUMI,K BHARALI,MR. S HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND