Visheshwar Ray v. The State of Assam

ORDER 03-12-2024 Heard Mr. N. Anand, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State.

¶2By this application filed under Section 483 BNSS, 2023, the petitioner, namely, Visheshwar Ray, son of late Nagina Ray, resident of 8th Mile, Baridua, Police Station-Khanapara, District-Ri-Bhoi, Meghalaya, permanent address-Mohiuddin Pur, Garahi, P.O.-Garahi, Makundpur Garahi, District-Vaishali, Bihar is seeking bail in NDPS Case No. 83/2023 arising out of Basistha Police Station Case No. 187/2023 under Section 20(b) (ii) (C) of the NDPS Act, 1985 corresponding to G.R. No.2319/2023, wherein he was arrested on 04.04.2023 and is in custody since then.

¶3As per the FIR dated 03.04.2023 lodged before the Officer-in-Charge of Basistha Police Station by the complainant, Sub-Inspector of Police of Jorabat Outpost, under Basistha Police Station, the case is that on receipt of specific information from the In-Charge of Jorabat Outpost around 05:30 PM on

03.04.2023 that an aged person been dealing with drugs in and around 8th mile area since long time, Jorabat Outpost GD Entry No.73 dated 03.04.2023 was made and with due authorization, police personnel from Jorabat Outpost went out in search of the said person. After some time, the accused person was identified and he was apprehended and in presence of independent witnesses a search was made during which 20.441 Kgs of suspected Ganja in 5 numbers of white colour polythene bags and Rs.60,300/- was recovered from him, that Page No.# 3/6 were seized in presence of independent witnesses.

¶4After filing of the said FIR, the said accused was arrested on 04.04.2023 and was produced before the Court of learned Chief Judicial Magistrate, Kamrup

(M), Guwahati .

¶5The petitioner submitted that since 04.04.2023, he is languishing in jail and though charge was framed against him, till date the prosecution has not examined any of its witnesses. As such, the petitioner is seeking bail in said NDPS Case No. 83/2023 arising out of Basistha Police Station Case No. 187/2023.

¶6By order dated 20.09.2024, the Court called for the records of said NDPS Case No. 83/2023 from the Court of learned Special Judge (NDPS), Kamrup (Metro), Guwahati.

¶7On perusal of the case records, it is seen that after arrest of the petitioner on 04.04.2023, police on 22.06.2023 submitted the charge-sheet in said Basistha Police Station Case No. 187/2023 vide Charge-Sheet No. 199/2023 against the petitioner under Section 20 (b)(ii)(C) of the NDPS Act, showing six numbers of prosecution witnesses in the case.

¶8From the case records, it is seen that the said charge-sheet was placed before the learned Special Judge (NDPS), Kamrup (M), Guwahati on 10.07.2023. Thereafter, said Basistha Police Station Case No. 187/2023 was re-registered as NDPS Case No. 83/2023 and the charge in the case was framed on 20.07.2023 under Section 20 (b)(ii)(C) of the NDPS Act against the petitioner.

¶9It is seen from the case records that the learned Special Judge (NDPS), Kamrup (M), Guwahati on 17.08.2023, 14.09.2023, 10.10.2023, 16.11.2023,

14.12.2023, 10.01.2024, 07.02.2024, 05.03.2024, 02.04.2024, 18.04.2024, Page No.# 4/6

14.05.2024, 11.06.2024, 08.07.2024, 05.08.2024, 02.09.2024, 23.09.2024 and

04.11.2024 fixed the matter for evidence but on none of those dates, the prosecution could produce any of its witnesses before the learned Special Judge

(NDPS), Kamrup (M), Guwahati during the trial of the said case.

¶10It is submitted that on 14.11.2024, as well as even yesterday i.e., on

02.12.2024 the case was fixed for evidence of the prosecution witnesses, but the prosecution did not produce any of its witnesses.

¶11The FSL report dated 12.06.2023 of the seized items in the case gave positive test of Cannabis, a Scheduled NDPS item.

¶12From the case records it is seen that in the charge-sheet there are only 6 prosecution witnesses, out of which, two are seizure witnesses, one is Sub Inspector Police, serving at Jorabat Police Outpost, another is the concerned Investigating Officer of the case and the third one is from the Forensic Laboratory, Guwahati, Assam.

¶13It is seen that due to non production of the prosecution witnesses by the respondent State till date, the trial of the case did not commence, though the charge in the case was framed on 20.07.2023. For the last 13 months, the petitioner in the case in hand who was arrested on 04.04.2023 is languishing in jail without any progress in the trial of the said NDPS Case No. 83/2023.

¶14Considering such state of the prosecution in failing to adduce any evidence before the learned Special Judge (NDPS), Kamrup (Metro), Guwahati, for which the trial of the case did not commence since 17.08.2023, the Court is of the view that the petitioner, who is in custody since 04.04.2023, is entitled for his bail in said NDPS Case No. 83/2023 arising out of Basistha Police Station Case No. 187/2023 under Section 20(b) (ii) (C) of the NDPS Act, 1985 Page No.# 5/6 corresponding to G.R. No.2319/2023.

¶15Accordingly, the petitioner, namely, Visheshwar Ray, son of late Nagina Ray, is granted bail in said NDPS Case No. 83/2023 arising out of Basistha Police Station Case No. 187/2023 on furnishing a bail bond of Rs. 1,00,000/- with two local sureties of the like amount, one of which shall be government employee, either State Government or Central Government, to the satisfaction of the learned Special Judge (NDPS), Kamrup (Metro), Guwahati on conditions that the petitioner – (i) shall appear before the learned Special Judge (NDPS), Kamrup (Metro), Guwahati in said NDPS Case No. 83/2023 arising out of said Basistha Police Station Case No. 187/2023 on the dates it is fixed before the said Court and as and when he is required before the said Trial Court; (ii) shall surrender his passport, if any, before the learned Special Judge (NDPS), Kamrup (Metro), Guwahati on or before 11.12.2024; (iii) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS), Kamrup (Metro), Guwahati, without obtaining prior written permission from the said authority; (iv) shall not hamper with the investigation or tamper with the evidence of the case; (v) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and further (vi) shall not indulge himself in any such criminal activities including possession or procurement and transportation of such NDPS items, failing which, the bail granted to him in said NDPS Case No. 83/2023 arising out of said Basistha Police Station Case No. 187/2023 shall stand automatically vacated.

¶16Any violation of the aforesaid terms and conditions by the petitioner, named above, the bail granted to him in the aforementioned NDPS Case No. 83/2023 arising out of Basistha Police Station Case No. 187/2023 shall stand Page No.# 6/6 automatically vacated.

¶17Bail application stands allowed to the extent above.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010194362024 ooooooo 2024:GAU-AS:12203 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2847/2024o VISHESHWARoRAYo S/O-oLATEoNAGINAoRAY,oPRESENToADDRESS-o8THoMILE,oBARIDUA,oP.S.o KHANAPARA,oDIST.oRI-BHOI,oMEGHALAYAoANDoPERMANENToADDRESS-o MOHIUDDINoPUR,oGARAHI,oP.O.oGARAHI,oMAKUNDPURoGARAHI,oDIST.o VAISHALI,oBIHAR,oPIN-o844504. VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oNoANAND,oMRoHoALIo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/6 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK