Purushotam Kumar v. The State of Assam

ORDER

12.11.2024 Heard Mr. M Khan, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. 2) By this application filed under Section 483 BNSS, 2023, the petitioner, namely, Purushotam Kumar, son of Sri Tripati Nath Ram, resident of village Rampur, P.S.-Bihia, District-Bhojpur, Bihar has prayed for his bail in Bongaigaon GRPS Case No. 37/2024 registered under Section 120(b)(ii)C of the NDPS Act, in which, he was arrested on

01.04.2024 and is in custody since then. 3) By order dated 02.08.2024, record of Bongaigaon GRPS Case No. 37/2024 was called for. 4) The learned Special Judge (NDPS) cum Sessions Judge, Bongaigaon on

03.09.2024, forwarded the copy of the records of Special (NAR) Case No.83 (BGN)/2024 arising out of Bongaigaon GRPS Case No.37/2024, consisting of records of the case only up to 02.09.2024. 5) Mr. Khan, learned counsel for the petitioner, placed the certified copies of the order of the learned Special Judge (NDPS), Bongaigaon cum Sessions Judge, Bongaigaon up to

06.11.2024 of said Special (NAR) Case No.83 (BGN)/2024 stating that the prosecution, on the dates fixed for recording of evidences of the prosecution witnesses, i.e., on

02.09.2024, 11.09.2024, 25.09.2024, 23.10.2024 and 06.11.2024, did not adduce evidence of any prosecution witnesses. 6) It is also seen that on the basis of specific information, a total of 52.434 kgs with the weight of the wrapped tape, was recovered from 8 different packets; 3 from his blue coloured trolley bag, 2 from his maroon coloured trolley bag and 2 from his green coloured pithu bag, while he was travelling in the train Brahmaputra Mail proceeding towards Bongaigaon from Kamakhya Railway Station, Maligaon, Guwahati. 7) The total weight of NDPS items recovered from the petitioner was 51kgs, which Page No.# 3/3 the FSL report dated 03.06.2024 specified to be Cannabis (Ganja), a NDPS item. 8) Considering the fact that much more than the commercial quantity of Cannabis (Ganja) was recovered from the physical possession of the petitioner while he was travelling in the train Brahmaputra Mail, the Court is of the view that detention of the petitioner, namely, Purushotam Kumar, who is in custody since 01.04.2024, cannot be considered for his bail in said Bongaigaon GRPS Case No. 37/2024. 9) Accordingly, this bail application of the petitioner, named above, in said Bongaigaon GRPS Case No. 37/2024 stands rejected at this stage.

JUDGE

Comparing Assistant

PageoNo.#o1/3 GAHC010152932024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2248/2024o PURUSHOTAMoKUMARo S/OoSRIoTRIPATIoNATHoRAM,oR/OoVILL-oRAMPUR,oP.O.-BEMARI,oP.S.-BIHIA,o DIST-oBHOJPUR,oBIHAR,oPIN-802154 VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oMoKHAN,oKoMAINUDDIN,MSoJoAKTARo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK