Page No.# 1/3 vs The Union Of India
2023 Latest Caselaw 3421 Gua

                                                                     Page No.# 1/3

GAHC010221622022




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

                                Case No. : Bail Appln./2917/2022

            SUSHIL PRASAD SAHU @ SUSHIL SAHU AND ANR
            S/O LATE KAMAL PRASAD
            R/O HOUSE NO. 09, EKTA PATH, BHASKAR NAGAR, AMBARI, P.S. FATASIL
            AMBARI, DIST. KAMRUP (M), ASSAM, PIN-782025

            2: DHANIKLAL PRASAD @ PAPPU
             S/O LATE BHOLA PRASAD

            R/O TELIPATTI
            P.O. AND P.S. POROMPAT
            DIST. IMPHAL EAST
            MANIPUR

            VERSUS

            THE UNION OF INDIA
            REP. BY NARCOTIC CONTROL BUREAU (NCB), GUWAHATI.



Advocate for the Petitioner   : MR. P K ROYCHOUDHURY

Advocate for the Respondent : SC, NCB


             Linked Case : Crl.Pet./4/2023

            SUSHIL PRASAD SAHU @ SUSHIL SAHU AND ANR.
            R/O HOUSE NO. 09
            EKTA PATH
            BHASKAR NAGAR

             AMBARI
             P.S. FATASIL AMBARI
                                                                                 Page No.# 2/3

            DIST. KAMRUP (M)
            ASSAM

            2: DHANIKLAL PRASAD @ PAPPU
            S/O LATE BHOLA PRASAD
            R/O TELIPATTI
             P.O. AND P.S. POROMPAT
             DIST. IMPHAL EAST

            MANIPUR.
            VERSUS

            THE UNION OF INDIA AND ANR.
            REP. BY NARCOTIC CONTROL BUREAU (NCB)
            GUWAHATI.

            2:THE INTELLIGENCE OFFICER

            NARCOTIC CONTROL BUREAU (NCB)
            ZONAL UNIT
            GUWAHATI.
            ------------
            Advocate for : MR. P K ROYCHOUDHURY
            Advocate for : SC
            NCB appearing for THE UNION OF INDIA AND ANR.



                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

Date : 29.08.2023 Heard Mr. PK Roy Choudhury, learned counsel for the petitioners and Mr. S.C.Keyal, learned Standing Counsel for the NCB.

Mr. PK Roy Choudhury learned counsel for the petitioners submits, that the accused petitioners have been languishing in jail for nearly 3 years in connection with the case even without framing of charges, that is, without trial. Mr. PK Roy Choudhury further submits that the seizure memo, vide Annexure-3 shows that along with the alleged contraband, some cash amount was also recovered from the accused petitioners without compliance of Section 50 of the NDPS Act which was in contravention of the mandate of Hon'ble Supreme Court in the judgment of SK Raju @ Abdul Hoque @ Jagga -vs- State of West Bengal reported in (2018) Page No.# 3/3

9 SCC 708.

On the other hand, Mr. S.C.Keyal, learned Standing Counsel for the NCB, with all responsibility submits that the defense side has blocked the progress of trial of the case on the ground that connected Criminal Petition has been filed under Section 482 CrPC for quashing of the case. Therefore, Mr. Keyal submits that scanned copy of the case order sheets of the learned court below may be called for. Mr. Keyal has also cited a judgment rendered by the Hon'ble Supreme Court in the case of Dayalu Kashyap -vs State of Chhattisgarh reported in 2022 0 Supreme (SC) 696.

At this stage, Mr. PK Roy Choudhury submits that it was not the fault of the defense as there is no stay order from learned court below. Mr. Choudhury however, submits that at least an interim bail may be granted for some days to the accused petitioner.

Upon hearing the learned counsel of both sides and on perusal of the scanned copy of case records which was sent up on 12.06.2023, this Court finds it expedient to call for the scanned copy of order sheets since 21.06.2023 with an upto-date status report on trial of the case.

List on 15.09.2023.

Joint Registrar (Judicial) to issue requisition.

Send a copy of this order to the Registrar (Vigilance).

JUDGE

Comparing Assistant