Gauhati High Court
Page No.# 1/3 vs Union Of India on 27 February, 2025
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/3
GAHC010275452024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3947/2024
ASISH DEBBARMA @ ASHISH DEBBARMA AND ANR
S/O GIRIBALA DEBBARMA
R/O PURBA CHANDPUR, BAIRAGIPARA, P.O. CHACHUBAZAAR, P.S.
SIDHAI MOHANPUR
DIST. WEST TRIPURA, TRIPURA-799211
2: MITHUN DEBBARMA
S/O SHRI UTTAM DEBBARMA
R/O VILL- CHANDAPUR
235 CHACHUPURA
GRAM CHANDPUR
P.O.CHACHU
BAZAAR
WEST TRIPURA
PIN- 799211
TRIPURA
VERSUS
UNION OF INDIA
REP BY THE STANDING COUNSEL, NARCOTICS CONTROL BUREAU (NCB)
Advocate for the Petitioner : MR. M BISWAS, MS. A K CHOPHI,A GHOSAL,J SINGPHO
Advocate for the Respondent : SC, NCB,
Linked Case : Bail Appln./3872/2024
Page No.# 2/3
GUDDU RAUT @ GUDDU KUMAR
S/O SHIVJI RAUT
R/O WARD NO. 9
P.O. SARISWA
BAZAR
P.S. MAJHAULIYA
SRISWA BAZAR
P.S. MAJHAULIYA
DIST. WEST CHAMPARAN
BIHAR-845454.
VERSUS
THE UNION OF INDIA
REPRESENTED BY THE STANDING COUNSEL
NARCOTIC CONTROL BUREAU (NCB)
------------
Advocate for : MR SARFRAZ NAWAZ
Advocate for : SC
NCB appearing for THE UNION OF INDIA
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
27.02.2025
Heard Mr. M. Biswas and Mr. Sarfraz Nawaz, learned counsels appearing for the petitioners.
Also heard Ms. M. Kakati, learned Standing Counsel for the NCB.
Both applications are filed under Section 483 of the BNSS, 2023 whereby the petitioners,
namely, (1) Asish Debbarma @ Ashish Debbarma; (2) Mithun Debbarma; and (3) Guddu Raut @
Guddu Kumar have prayed for release on bail, who are facing trial in NDPS Case No. 146/2022,
pending in the court of the learned Additional Sessions Judge No. 2, Kamrup (M).
The grounds for releasing the petitioners on bail taken by them are that, nothing was
recovered from their possession; that they have detained in custody for more than 3 years 2
Page No.# 3/3
months and the third one is that, for almost one year no witness have been examined by the trial
court.
The learned counsel for the petitioners have relied upon the decision that was rendered in the
case of Tofan Singh v. State of Tamil Nadu, reported in (2021) 4 SCC 1. Para 158.1 and 158.2 of
the said judgment are quoted as under:
" 158.1 That the officers who are invested with powers under Section 53 of the NDPS Act
are "police officers" within the meaning of Section 25 of the Evidence Act, as a result of
which any confessional statement made to them would be barred under the provisions of
Section 25 of the Evidence Act, and cannot be taken into account in order to convict an
accused under the NDPS Act.
158.2 That a statement recorded under Section 67 of the NDPS Act cannot be used as a
confessional statement in the trial of an offence under the NDPS Act."
I have considered the submissions made by the learned counsel for both sides.
Considering the ground taken by the petitioners, more particularly, the fact that the petitioners
have spent a considerable time in judicial custody, this court is of the opinion that the petitioners
do not deserve to be detained in custody for any further period of time. Hence, the prayer for bail
of the petitioners is allowed.
Accordingly, it is directed that the petitioners, namely, (1) Asish Debbarma @ Ashish
Debbarma; (2) Mithun Debbarma; and (3) Guddu Raut @ Guddu Kumar, who are facing trial in
NDPS Case No. 146/2022, pending in the court of the learned Additional Sessions Judge No. 2,
Kamrup (M) shall be released on bail of Rs.25,000/- each with one surety each of like amount to
the satisfaction of the learned Additional Sessions Judge No. 2, Kamrup (M).
The bail application is disposed of.
JUDGE
Comparing Assistant
