Gauhati High Court
Ashab Daimari vs The State Of Assam on 2 November, 2022
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GAHC010158992022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1956/2022
ASHAB DAIMARI
S/O SRI SUREN DAIMARI
R/O VILL- BADAGAON, P.S. UDALGURI
DIST. UDALGURI, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS S P CHETRY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
02.11.2022
Heard Ms. S.P. Chetry, learned counsel for the petitioner, namely, Ashab
Daimari, who has filed this bail application under Section 439 of the Cr.P.C.
praying for bail in connection with NDPS Case No. 47/2021 arising out of Tihu
P.S. Case No. 62/2021, under Section 20 (C) of NDPS, 1985.
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The petitioner was arrested on 02.07.2021.
Shri K.K. Parashar, learned Addl. Public Prosecutor has assisted the Court
by going through the scanned copy of the case records.
At the outset, both the learned counsel has submitted that on an earlier
occasion, this Court vide order dated 06.04.2022 passed in Bail Application
194/2022 had rejected the bail prayer of the petitioner.
The learned counsel for the petitioner has submitted that in the meantime,
sufficient time has elapsed and the case has been put up for trial. However one
of the accused is still absconding.
On the other hand, Shri Parashar, the learned Addl. Public Prosecutor,
Assam has contended that the quantity involved is a commercial quantity
wherein about 49.50 Kgs of Ganza has been seized. The seizure is also from the
possession of the petitioner and there are materials to support the said fact in
the case records including the FSL report. The learned Addl. Public Prosecutor,
Assam has also referred to recent judgment of the Hon'ble Supreme Court in
which a judgment of this Court was interfered with and the order of grant of bail
has been set aside. The Hon'ble Supreme Court has reiterated that the mandate
of Section 37 of the NDPS Act is required to be strictly followed.
Section 37 of the NDPS Act lays down that before granting a bail, the
relevant factors are that the Court should come to a satisfaction that prima facie
the petitioner is not guilty of the offence and also the petitioner has to satisfy
the Court that in case bail is granted, he is not likely to commit further offence.
The aforesaid two factors do not seem to be fulfilled in the present case.
The conditions laid down in Section 37 of the Act are stringent in nature
and the same has been done taking into account the evil effects of drugs in the
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society which has got the propensity to destroy the same.
In the instant case, the possession from the petitioner and recovery are not
in dispute. Further, the case records would show that a co-accused Franchis
Daimary is still absconding.
In view of above, this Court is of the opinion that the present may not be an
appropriate case for grant of bail to the petitioner.
Accordingly the same is dismissed.
JUDGE
Comparing Assistant
