Jiten Biswas v. The State of Assam

ORDER

19.09.2024 Heard Mr. K. Boruah, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor representing the state.

¶2By filing this bail application u/s 483 of BNSS, 2023, the petitioner, Jiten Biswas, has prayed for bail in connection with Laluk PS case No. 107/2024 u/s 21(b)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred as NDPS Act).

¶3The brief fact of the case is that the complainant namely Chiranjib Baruah of Laluk had lodged an ejahar before the Officer-in-Charge of Laluk PS stating Page No.# 2/3 inter alia that on 09/10/2024 as per secret information one Sri Bishal Shah was in possession of suspected heroine and he may come to Harmoti, Parbotipur to deliver the suspected heroine to unknown person. Accordingly, the OC of Laluk PS proceeded to the place of occurrence and at about 6:30 PM Naka team managed to apprehend the suspected Sri. Bishal Kr Shah with a scooty bearing registration No. AS07Q3567 and also seized among others 30 nos. of small plastic vials containing suspected to be heroine wrapped black colour polythene net weighting 40.08 grams. During investigation, it has come to light that Bishal Shah collected the said heroin from the present petitioner by paying Rs.27,000/-. Accordingly, the petitioner was arrested.

¶4Learned counsel for the petitioner submits that one Riju Pegu Biswas who was also arrested in connection with the Laluk PS case no. 107/2024, was released on bail by this court.

¶5Learned counsel for the petitioner further submits that the story narrated in the instant FIR is absolutely false and fabricated however, only on the basis of the FIR lodged by the informant; police has arrested the petitioner in connection with the instant case. Hence, prayed for bail.

¶6Per contra, learned Additional Public Prosecutor has vehemently opposed in granting bail to the accused/ petitioner as the accused petitioner is very much involved in the alleged offence. And furthermore, several cases are pending against the petitioner relating to trafficking of narcotic drugs.

¶7I have considered the submissions of the learned counsel for the parties. I have also perused the documents connected with the instant case as well as the case diary. Page No.# 3/3

¶8It appears that the accused was arrested on 22/10/2024 in connection with Laluk PS case No. 173/2024 u/s 21(b)/29 NDPS Act. Subsequently, the petitioner was shown arrested on 05/11/2024 in connection with this case vide Laluk PS case no. 107/2024. Case diary reveals that several other cases have been pending against the petitioner vide Laluk PS case no. 173/2024, Laluk PS case no. 160/2019, Laluk PS case no. 165/2019, Laluk PS case no. 79/2023 and Laluk PS case no. 34/2024. Except one, all the cases are relating to trafficking of narcotic drugs. It transpires that the accused/ petitioner is a habitual offender. Hence, prayer for bail is rejected.

¶9Bail application is disposed of accordingly.

¶10Case dairy be returned back.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010258102024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3776/2024 JITEN BISWAS S/O ROSOMOI BISWAS R/O VILL- NO. 2 PARBOTIPUR, P.S. LALUK, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MS P DAS,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI