Smti. Dode Nyonda @ Dode Ngomdir and 2 Ors v. The State of Assam

ORDER

19.08.2024

¶1Heard learned counsel Mr. G. Chamua for the petitioners namely, (i) Smti. Dode Nyonda @ Dode Ngomdir, (ii) Gumge Ado, and (iii) Jipak Noshi.

¶2The petitioners have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are behind bars since 08.07.2024 in connection with Silapathar Police Station Case No. 136/2024 under Sections 20(b)(ii)(B)/29 of the NDPS Act.

¶3Heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation is that a tip-off was received on 07.07.2024 relating to a car carrying Ganja and accordingly, a GD entry was made and the police party embarked upon the investigation. A nakka checking was held and a Maruti Alto Car bearing registration No. AR-11-A-6350 was searched and a plastic bag wrapped in newspaper containing Ganja was recovered from the car. The Ganja weighed

around

2.060

kgs. It is submitted on behalf of the petitioners that the petitioners are innocent. A person wanted a lift in their car and the petitioners then refused to provide a lift, but the person asked them to carry the plastic packet for him. The petitioners were carrying the packet but they were not aware that Ganja was inside the packet. On being checked by the police, they learnt that Ganja was inside the packet.

¶5It is submitted on behalf of the petitioner No. 1 and the petitioner No. 2 that the petitioner No. 1 went for her daughter's entrance examination and they are innocent. The other petitioner was also not aware that the packet given to Page No.# 3/4 them by the unknown person contained Ganja.

¶6Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner.

¶7I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioners.

¶8I have considered the submissions that the petitioners are willing to cooperate with the remaining part of the investigation and to abide by any stringent bail conditions if imposed upon them. I have considered the length of detention as the Case Diary reveals that investigation has also progressed to a considerable extent.

¶9In view of my foregoing discussions, petition is allowed. The petitioners shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a local surety of like amount to the satisfaction of the Jurisdictional Court under the conditions that:

(i) The petitioners shall appear before the Investigating Officer within 1 (one) weeks and co-operate with the investigation,

(ii) The petitioners shall refrain from such activities with which they are alleged,

(iii) The petitioners shall appear before the Investigating Officer every fortnight till completion of investigation, and

(iv) The petitioners shall not leave the jurisdiction of the Court without prior permission. Page No.# 4/4

¶10On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶11Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010158292024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2351/2024o SMTI.oDODEoNYONDAo@oDODEoNGOMDIRoANDo2oORSo W/OoABDULoJAMSED,oR/OoALO,oP.S.-AALO,oDIST-WESToSIANG,oSTATE- ARUNACHALoPRADESH 2:oGUMGEoADO oS/OoDUGGUMoADO oR/OoALO oP.S.-AALO oDIST-WESToSIANG oSTATE-ARUNACHALoPRADESH 3:oJIPAKoNOSHI oS/OoLOMGIoNOSHI oR/OoKAMKI oP.S.-KAMBA oDIST-WESToSIANG oSTATE-oARUNACHALoPRADESo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oDoGOGOI,oMRoPoHoKONWARo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoSUSMITAoPHUKANoKHAUND Page No.# 2/4