Rupak Borah v. The State of Assam

Page No.# 1/2 GAHC010196672024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2550/2024 RUPAK BORAH S/O S RI MANU BORAH R/O VILL-RONGPURIA PS. NORTH LAKHIMPUR DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S GOGOI, MS G GOGOI,MS A GOGOI Advocate for the Respondent : PP, ASSAM,

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

24/10/2024 Heard Ms. A Gogoi, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State.

¶2The petitioner, namely, Sri Rupak Borah, son of Sri Manu Borah, resident of Village-Rongpuria, P.S. North Lakhimpur, District-Lakhimpur, has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail apprehending his arrest in North Lakhimpur P.S. Case No. 175/2024 registered under Sections 21(a)/29 of NDPS Act Page No.# 2/2 corresponding to G.R. No. 456/2024.

¶3It is seen from the FIR of the case dated 24.06.2024 that on the basis of a reliable information received from one Sub-Inspector of Police on 24.06.2024, one Md. Hibjur Ali was coming from Chutiakari Village to deliver heroin to another unknown person. Accordingly, G.D. Entry was made in the said North Lakhimpur P.S. vide G.D. Entry No. 18/2024 dated 24.06.2024. Later, with due authorization, police personnel of North Lakhimpur Police Station apprehended said Md. Hibjur Ali in front of the Grocery shop of Devkrishna Das of Chutiakari Village. During search, 7 nos. of plastic container containing suspected heroin, one Oppo smart phone, cash amount of Rs.80/- and one Yamaha FZ Bike bearing registration No. AS 07S-0699 were recovered from the possession of the petitioner and such suspected heroin was of 1.11 gm. without the containers. Accordingly, said Md. Hibjur Ali was arrested on 25.06.2024.

¶4Perused the case diary placed before the Court today by Mr. Sarma, learned Additional Public Prosecutor, Assam.

¶5Case diary reveals that the arrested accused person and many other drug addicts are involved in such business of NDPS items of procuring drugs from the present petitioner.

¶6Considering such incriminating materials in the case diary against the petitioner with regard to his involvement in the alleged crime, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner, namely, Sri Rupak Borah in said North Lakhimpur P.S. Case No. 175/2024.

¶7Accordingly, this pre-arrest bail application of the petitioner, named above, in said North Lakhimpur P.S. Case No. 175/2024 stands rejected.

¶8Return the case diary.

JUDGE Comparing Assistant