Dil Jaan Deori v. The State of Assam

ORDER

11.09.2024 Heard Mr M Pathak, learned counsel for the petitioner, Dil Jaan Deori, who has filed this application under Section 483 of the BNSS, 2023, with prayer for bail as he is behind bars since 26.04.2024, in connection with Special NDPS Case No. 13/2024, arising out of Gingia PS Case No. 26/2024, under Sections 20(b)(ii)(C) of the NDPS Act.

¶2Heard Mr M P Goswami, learned Additional Public Prosecutor for the State of Page No.# 2/2 Assam.

¶3The FIR unfolds that on a tip-of, a naka checking was held and as described by the tip-off, vehicle bearing Registration No. AS-01FB-3432 was intercepted, but instead of stopping the vehicle, the driver reversed the gear and started moving towards Biswanath Chariali. Later, the vehicle was abandoned.

¶4It is submitted that the petitioner was arrested on 26.04.2024, after one month, whereas the vehicle was abandoned on 20.03.2024. The petitioner has prayed for bail on this ground alone.

¶5The learned Additional Public Prosecutor has raised objection stating that trial has not yet commenced and charge sheet has been laid. This case is fixed for consideration of charge. At this juncture, bail cannot be considered as charge sheet has been laid against the petitioner. 101.795 kgs of ganja was recovered from the abandoned car.

¶6The allegation is that the petitioner was in the car and he abandoned the car and escaped.

¶7At this juncture, there appears to be no justified ground to extend the privilege of bail to the petitioner. Trial has not yet commenced. The petitioner is behind bars for 139 days. At this stage, the rigour of Section 37 of the NDPS Act, comes into play.

¶8Considering all aspects, petition with prayer for bail is rejected, at this stage. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010152322024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2240/2024 DIL JAAN DEORI S/O LATE URAISING DEORI, VILL- MAJOR CHAPORTI, P.O./P.S.- LAKHIMPUR, DIST- BISWANATH, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : M PATHAK, MR. T ALI Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND