Tatung Tamo v. The State of Ap

ORDER Date : 11-03-2024 This is a common order for these 2(two) items.

Heard Mr. R. Karga, the learned counsel for the petitioners and Page No.# 2/3 Mr. T. Ete, the learned Additional Public Prosecutor for the State of Arunachal Pradesh.

Smti Gaide Muchahari has prayed for releasing her on bail under Section 439 of the Cr.P.C in respect of Chimpu P.S. Case No. 85/2023, under Sections 20(b)(ii)(B)/27(A) and 29 of NDPS Act.

For the same Police Station case No.85/2023, Smti Taba Yajo has prayed for anticipatory bail under Section 438 of the Cr.P.C.

On 20.12.2023, a police searched a shop which was suspected to be used for selling Narcotic drugs. The search continued to the house of the shop owner, Smti Taba Yajo. Commercial quantity of Ganja ("cannabis") and some other drugs related goods were recovered.

On behalf of Smti Gaide Muchahari, it has been canvassed that she has already spend a considerable time in custody and therefore, she should be released on bail.

For the petitioner, Smti Taba Yajo it has been submitted that she is ready to cooperate with the police investigation and therefore, she need not be arrest.

Page No.# 3/3 Mr. T. Ete, the learned Additional Public Prosecutor has objected to the bail prayers invoking the provision of law as laid down in the Section of 37 of the NDPS Act. Further, he has relied upon the decision of the Hon'ble Supreme Court that was rendered in (2001) 7 SCC 673 and another decision of Kerala High Court that was reported in ( 2020) 3 ILR(Ker) 879.

I have considered the submissions of the learned counsel of both sides.

Commercial quantities of narcotic drugs were recovered in these cases. I am of the considered opinion that both the petitioners have failed to show sufficient satisfactory reasons for allowing their bail prayers. Therefore, the bail prayers are rejected and bail applications are disposed of, accordingly.

Case diary shall be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC040002492024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/13/2024 Tatung Tamo a permanent resident of Chimpu Tin-Ali Village, PO RK Mission, PS Chimpu Itanagar, Papumpare District, Arunachal Pradesh VERSUS The State of AP represented by the PP Advocate for the Petitioner : Tadak Sora Advocate for the Respondent : P P of AP BEFORE HONBLE MR. JUSTICE PARTHIVJYOTI SAIKIA