Sonu Kumar Agarwal vs The State Of Assam
2021 Latest Caselaw 733 Gua

Citation : 2021 Latest Caselaw 733 Gua
Judgement Date : 1 March, 2021

Gauhati High Court

Sonu Kumar Agarwal vs The State Of Assam on 1 March, 2021

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GAHC010003972021




                               THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : Bail Appln./328/2021

            SONU KUMAR AGARWAL
            S/O GANGA SAGAR AGARWAL, R/O FLAT NO. 4A, LAHOTI BUILDING, H.B.
            ROAD, MACHKHOWA, P.S.-BHARALUMUKH, GUWAHATI, DIST-
            KAMRUP(M), ASSAM

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM



Advocate for the Petitioner    : MR. D DAS SR. ADV

Advocate for the Respondent : PP, ASSAM


                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                              ORDER

Date : 01-03-2021

Heard Mr. D. Das, learned Sr. Counsel, assisted by Mr. A. Choudhury, learned counsel for the petitioner and Mr. H. Sarma, learned Addl. P.P. for the State of Assam.

This application under Section 439 Cr.PC, has been filed praying for bail of the petitioner, namely, Sonu Kumar Agarwal, who is in detention in connection with Basistha PS Case No. 1668/2020 under Section 22(c)/29 of NDPS Act, added Section 27(A) of NDPS Act.

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Perused the FIR and the documents annexed with the petition.

A large quantity of narcotic drugs was detected by police on 25.11.2020. It was 624 grams of brown sugar.

During investigation of the case, it was found that a person called Abbas Khan used to send narcotic drugs to Guwahati. In fact, he sent the narcotic drugs to the present petitioner and he would hand over the same to another person. For that Sonu Kumar Agarwal used to receive money from the customers and thereafter he used to send the money back to Abbas Khan. Therefore, Sonu Kumar Agarwal and another person, called Sankar Das were arrested by police. After 89 days in judicial custody, the present petitioner, Sonu Kumar Agarwal has filed this application praying for releasing him on bail.

The petitioner is a businessman having proper document to that effect. He also maintained his bank account and also pays GST.

The police had recovered a cash amount of more than Rs. 18 lakhs from the petitioner, which is believed to be the money meant to be sent to Abbas Khan.

Although, the entire case has been registered under the provision of NDPS Act, but no drugs was recovered from the possession of the present petitioner.

There is no doubt that the present petitioner was arrested on the basis of the disclosure statement made by other persons. The money was recovered from him and the same is suspected to be meant to be sent to Abbas Khan.

Regarding the allegation under Section 27(A) of the NDPS Act is concerned, learned Sr. Counsel has relied upon a decision of the Supreme Court that was delivered in the case of Mohammed Fasrin Vs. State, represented by the Intelligence Officer (Criminal Appeal No. 296/2014), it has been stated there in that -

"The essential ingredient of this offence is that the prosecution must prove that the accused has financed directly or indirectly any of the activities falling in sub-clause (i) to (v) of Clause (viiia) of Section 2 of the Act or has harbored any person engaged for the aforesaid activities. As far as the case of the prosecution is concerned, it is only of financing and not of harboring."

In the said judgment, the Supreme Court further held that:

"This evidence of a co-accused is a very weak type of evidence which needed to be corroborated by some other evidence. The Page No.# 3/3

confession of a co-accused gives a clue to the investigating authorities as to how to investigate the matter and against whom to investigate the matter. Thereafter, it is for the investigating officers to collect evidence against the said person who has been named by the co-accused. In the present case no such corroborative evidence has been led." Today, after perusal of the case diary, I find that there is no evidence in this case to suggest that the petitioner had sold narcotic drugs to any one nor there is any evidence that the money recovered from him was meant to be send to Abbas Khan. Therefore, considering the aforesaid facts, this court is of the view that the petitioner does not deserve to be detained any further. Accordingly, the petitioner is allowed to be enlarged on bail of Rs. 25,000/- with one suitable surety of the like amount to the satisfaction of the learned Special Judge, Kamrup (M).