Gauhati High Court
Harekrishna Kalita vs The State Of Assam on 26 July, 2021
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/2
GAHC010098212021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1422/2021
HAREKRISHNA KALITA
S/O LT. MONIRAM KALITA R/O VILL. TETELIA, P.S. HAJO, DIST. KAMRUP,
ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR Z KAMAR
Advocate for the Respondent : PP, ASSAM
BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA 26-07-2021 The Court proceedings have been conducted through Video- Conference due to COVID-19 pandemic.
The petitioner is represented by Mr. Z. Kamar, learned senior counsel.
Page No.# 2/2 The State Respondent is represented by Ms. S.H. Borah, learned Additional Public Prosecutor, Assam.
Case diary is reported to have been received, but without the FSL report.
In the instant case, Mr. Kamar, learned senior counsel for the petitioner has submitted that in the FIR itself, the informant has stated that the alleged seized contraband is ganja (bhang). He has further submitted that, if it is 'bhang', then it is ousted from the purview of the NDPS Act and, therefore, it is essential to ascertain, on the basis of FSL report, as to whether the alleged seized contraband is ganja or bhang. But, the FSL report, as stated by the learned Additional Public Prosecutor, has not been received.
Considering the submission made by the learned senior counsel for the petitioner, it appears that the FSL report be expeditiously called for.
Accordingly, list this matter on 2.8.2021.
JUDGE Comparing Assistant