Gauhati High Court
Ramesh Bhutiani vs The Union Of India on 31 March, 2023
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GAHC010030422023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./513/2023
RAMESH BHUTIANI
S/O LATE RAGHUNATH BHUTIANI,
R/O VILL- C/O RESMA, HOUSE NO. G-1, RABINDRABAN, NATUNPARA
ROAD, BARUIPUR, KOLKATA
VERSUS
THE UNION OF INDIA
REP. BY THE STANDING COUNSEL, NCB, GUWAHATI, ASSAM
Advocate for the Petitioner : MR. J I BORBHUIYA
Advocate for the Respondent : SC, NCB
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 31.03.2023
Heard Mr. JI Borbhuiya, learned counsel for the accused petitioner as well as Mr. SC Keyal,
learned Standing Counsel, NCB.
By this 2nd petition under Section 439 Cr.P.C., the accused-petitioner, namely, Ramesh
Bhutiani has prayed for grant of bail in connection with NDPS Case No.42/2020 arising
out of NCB Crime Case No.03/2020 under Section 22 ( c) /29 NDPS Act.
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Scanned copy of the case records is received.
Mr. JI Borbhuiya, learned counsel for the accused petitioner, submits that the accused has
been in judicial custody since 30.01.2020 on an accusation of alleged illegal possession of
1.992 kgs of Methamphetamine tablets. Mr. Borbhuiya, further submits that despite his
detention for more than 4 years on charges of Sections 22 ©/29 of the NDPS Act framed on
09.11.2020, the prosecution/ NCB has not exhausted examination of 9(nine) listed witnesses
till date and thereby the accused's right to speedy justice has been violated. Drawing this
Court's attention to the order, dated 30.09.2022, passed in Bail Application 2097/2022,
whereby this Court directed the learned trial court to complete the trial within 04 (four)
months has also been deliberately flouted by not taking any serious steps to examine the
remaining 04 (four) witnesses by the prosecution/ NCB. Mr. Borbhuiya submits that the prime
02 (two) co-accused persons are already released on bail whereas the present accused, who
is an engineer by profession (B Tech. Engineer) and not the main accused, has been
continuing in detention for years altogether. Therefore, Mr. Borbhuiya submits that subject to
any condition, the accused may be granted the liberty of bail subject to any condition(s). Mr.
Borbhuiya, learned counsel for the accused petitioner relied on the ratio of the judgment
rendered by the Hon'ble Supreme Court in the case of Mohd. Muslim @ Hussain -vs- State
(NCT of Delhi) in Special Leave Petition (Crl.) No(s).915 of 2023.
Mr. SC Keyal, learned Standing Counsel, NCB, submits that there is abundance of materials to
show that the accused petitioner had received 1.9992 kgs of Methamphetamine tablets and
he is involved directly in an organised crime. Mr. Keyal further submits that two accused
persons were granted interim bail by the learned Special Judge (Additional) No.1 on serious
health issues, after obtaining opinion of the Medical Board vide order, dated 30.01.2023 and
as such, the present accused petitioner cannot claim bail on parity. In support of his
submission Mr. Keyal has relied on the ratio of the judgment rendered by the Hon'ble
Supreme Court in the case of Union of India -vs- Ajay Kumar Singh @ Pappu reported in
2023 0 Supreme (SC) 285.
The report as called for from the learned trial Court is received. The report, inter-alia, reveals
that the order of this Court, dated 30.09.2022 passed in Bail Application 513/2023 was not
communicated to the learned trial Court and it was only on 21.03.2023, that, after passing of
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the order, dated 16.03.2023, calling for report, the learned Special Public Prosecutor of NCB
filed an application stating about this Court's order, dated 16.03.2023, aforementioned.
Accordingly, the learned trial court has fixed for recording evidence of NCB on 04.04.2023,
05.04.2023 and 06.04.2023 respectively .
The above report of the learned trial court leaves no doubt about the sluggish continuation of
trial of the case instituted by the NCB in utter violation of the accused's right guaranteed
under Article 21 of the Constitution.
Therefore, this Court finds it expedient to examine the matter in detail indepth.
Accordingly, let a fresh report be called for from the learned trial court as to the dates
directing issue of summons etc to the witnesses and whether pursuant to those orders steps
were taken mentioning actual dates of taking such steps and whether those summons were
returned after service as well as the authority which took steps as directed.
Also call for scanned copy of depositions of witnesses recorded on and from 04.04.2023.
List on 10.04.2023.
Registry to forward copy of this order to the learned trial court forthwith by Special
Messenger.
JUDGE
Comparing Assistant
