Nabin Borah and Anr v. The State of Assam

ORDER Date : 09.09.2024

Heard Mr. P.K.Deka, learned counsel for the accused petitioners as well as Mr. Page No.# 2/3 D.P.Goswami, learned Addl. P.P., Assam. By filing this petition under Section 439 Cr.P.C., the accused-petitioners, namely, 1. Nabin Borah and 2. Lokeswar Borah have prayed for grant of bail in connection with Special NDPS Case No. 06/2020 (arising out of Biswanath Chariali PS Case No. 38/2024) under Sections 20 (b) (ii) (c) of the NDPS Act r/w Section 4 of the Assam Ganja and Bhang Prohibition Act. The matter relates to recovery of 22.215 Kgs of suspected ganja from the possession of the petitioners. The scanned copy of the case record, as called for, is placed before the Court. The learned counsel for the accused petitioners, submits that the accused petitioners have been languishing in judicial custody for the last 202 days. Out of 13 witnesses, 11 witnesses have already been examined. Only two official witnesses are yet to be examined. Petitioners have decided to face the remaining trial. In view of the submission of learned counsel for the petitioners, the bail application stands rejected. The learned trial court is, however, directed to make an endeavour to complete trial in the case at the earliest time possible. The bail application stands disposed of.

JUDGE Page No.# 3/3 Comparing Assistant

Page No.# 1/3 GAHC010140602024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2110/2024 NABIN BORAH AND ANR S/O SRI LOKESWAR BORAH, VILL- BALIGAON, P.S.-BOGINADI, DIST- LAKHIMPUR, ASSAM, PIN-784164 2: LOKESWAR BORAH S/O LT. SARULORA BORAH VILL- BADHAKARA BALIGAON P.S.-BOGINADI DIST- LAKHIMPUR ASSAM PIN-78703 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. P K DEKA, MS. N M LONGKENG,MR. P DAIMARY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI