Manoj Kumar Boro v. The State of Assam

ORDER Date : 01.08.2024

Heard Md. A. Sahad, learned counsel for the accused-petitioner as well as Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. Page No.# 2/4

¶2By this petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Manoj Kumar Boro has prayed for granting bail in connection with Garchuk P.S. case No. 90/2024 under Section 20(b)(ii)(C) of NDPS Act, 1985. 3 . It is submitted by the learned counsel for the petitioner that commercial quantity of ganja was recovered from the possession of the accused/petitioner but he is not the owner of the said ganja. It is also submitted that one Junel Basumatary asked the petitioner to hand over the said ganja to somebody else. It is further submitted that the petitioner has been detained in custody for last 131 days since his arrest on 23.03.2024. Considering the length of detention and background of the case, the petitioner may be enlarged on bail.

¶4On the other hand, Mr. Baruah, learned Additional Public Prosecutor for the State has produced the case diary and submits that commercial quantity of ganja was recovered from conscious possession of the petitioner. The contraband was recovered from a Alto car bearing Regd. No. AS-01-PC-9474 which was driven by the petitioner at the relevant time. The FSL report also received which shows positive test for ganja. As the commercial quantity of ganja was recovered from a vehicle in which the petitioner was the driver as such, Section 37 is attracted herein this case. Considering the gravity of the offence, bail may not be considered at this stage.

¶5I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary. Page No.# 3/4

¶6It appears that the accused/petitioner was arrested on 23.03.2024 and he is the driver of the said vehicle from which 21.266 kg of ganja was recovered which is a commercial quantity.

¶7The NDPS Act is a special Act with an inbuilt mechanism in the form of Section 37 relating to bail. The commercial quantity of ganja was transported in a vehicle in which the petitioner was the driver.

¶8The Hon'ble Supreme Court in the case of Chandrakeshwar Prasad Vs. State of Bihar, reported in (2016) 9 SCC 443, has laid down in clear terms that interest of the society is a relevant factor to be taken into account while considering the prayer for bail. For ready reference, the relevant paragraphs of the said case are extracted herein below: "10. This Court in Rajesh Ranjan Yadav @ Pappu Yadav v. CBI through its Director (2007) 1 SCC 70 balanced the fundamental right to individual liberty with the interest of the society in the following terms in paragraph 16 thereof: "We are of the opinion that while it is true that Article 21 is of great importance because it enshrines the fundamental right to individual liberty, but at the same time a balance has to be struck between the right to individual liberty and the interest of society. No right can be absolute, and reasonable restrictions can be placed on them. While it is true that one of the considerations in deciding whether to grant bail to an accused or not is whether he has been in jail for a long time, the court has also to take into consideration other facts and circumstances, such as the interest of the society." Page No.# 4/4

¶9On consideration of the matter in its entirety, this Court is not inclined to grant of bail to the accused/petitioner, at this stage. Therefore, prayer for bail is rejected.

¶10The bail application stands disposed of.

¶11Send back the case diary. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010128552024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1946/2024 MANOJ KUMAR BORO S/O LATE SATYA BORO R/O BAREGAON P.O. TAMULPUR P.S. TAMULPUR DIST. TAMULPUR/BAKSA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LD. PP, ASSAM Advocate for the Petitioner : MD. A SAHAD, MR. M H ALI,B.L. SARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI