Gauhati High Court
Biswajit Lahkar vs Union Of India on 1 February, 2021
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/2
GAHC010189172020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3014/2020
BISWAJIT LAHKAR
S/O LATE MADHAB CHANDRA LAHKAR, R/O BISHNUPUR, GOPINATH
NAGAR, CHOUDHURY LANE, HOUSE NO. 7, DIST-KAMRUP(M), ASSAM
VERSUS
UNION OF INDIA
REPRESENTED BY THE STANDING COUNSEL, NARCOTICS CONTROL
BUREAU
Advocate for the Petitioner : MR. R K MEDHI
Advocate for the Respondent : SC, NCB
BEFORE
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
01.02.2021 By this application under Section 439 CrPC, petitioner, namely, Biswajit Lahkar, who was arrested on 27.12.2019, has prayed for granting him regular bail, in connection with NDPS Case No. 37/2020 (corresponding to NCB Crime No. 19/2019), registered under Sections 8(c)/22(c)/29 of the NDPS Act, 1985, now pending in the Court of learned Additional Sessions Judge, No. 5, Kamrup (M) at Guwahati.
Heard Mr S M Mollah, learned counsel for the petitioner. Also heard Ms P Das, learned Standing Page No.# 2/2 Counsel, NCB.
Today, although the LCR has not been received, but the learned counsel for the parties have fairly submitted that in the present case, the offence report was submitted within the stipulated period and the grievance of the petitioner is that despite his long detention, the case has not yet been proceeded and the learned trial has not granted him bail and the trail has been delayed due to the two other absconding accused, whose attendance has not yet been procured.
On perusal of the documents also, it reveals that there are four accused persons, out of which, two accused are behind the bar and the other two accused are absconding and outside the bar and the learned trial Court has rejected the bail prayer of the accused persons in view of rigour of Section 37 of the NDPS Act, as there is nothing on record to satisfy the twin conditions. So far as the findings of the Court as regards the application of the rigour of Section 37 of the Act, there appears no illegality/irregularity in the aforesaid order, as the matter relates to commercial quantity and there is prima facie case, coupled with recovery of such drugs unless the twin conditions of Section 37 are satisfied, consideration of bail is statutorily barred under the language of Section 37.
Having heard the submissions made by learned counsel for both the parties, the fact that the petitioner is also languishing behind the bar since 27.12.2019, the present petition stands disposed of with a direction to the learned trial Court to proceed with the matter as expeditiously as possible and if necessary, by splitting up the case as against the accused persons without further delay, so that the trial can proceed against the accused persons, who were behind the bar.
With the aforesaid observations and directions made above, the bail application stands disposed of.
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JUDGE Comparing Assistant