Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 27 February, 2025
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010241732024
2025:GAU-AS:2026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3506/2024
DILWAR KHAN
S/O LATE TEMU KHAN
R/O COUNCIL COLONY, HAFLONG,
P.S. HAFLONG,
DIST. DIMA HASAO,
PIN-788819
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR. T DEURI, MR D S DEKA,MRS. R S DEURI
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
27.02.2025 Heard Mr. T Deuri, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State.
2. The petitioner, namely, Shri Dilwar Khan, son of late Temu Khan, resident of Council Colony, Haflong, P.S.-Haflong, District-Dima Hasao has filed this application under Page No.# 2/4 Section 483 BNSS on 13.11.2024, praying for his bail in NDPS Case No. 39/2024 under Section 22(c) of the NDPS Act arising out of Haflong Police Station Case No. 45/2024, corresponding to G.R. No. 95/2024, in which he was arrested on 18.05.2024 and is in custody since then.
3. As per the FIR dated 18.05.2024, the case is that on receipt of source information by the Officer-in-Charge of Haflong Police Station that one person by the name of Dilwar Hussain (present petitioner) carried suspected NDPS items via Silchar-Guwahati First Passenger Train, said information was entered into as Haflong Police Station GDE Entry No. 09 dated 18.05.2024. With written authorization for search and seizure, police personnel from Haflong Police Station proceeded to New Haflong Railway Station with NDPS detention kit. On reaching New Haflong Railway Station approach road at around 01:10 PM, police personnel conducted a random naka checking in the Haflong Railway Station approach road. During such naka checking, a person coming from Haflong Railway Station side by walking was stopped who was moving suspiciously. On seeing police personnel, he tried to escape from police checking. However, he was intercepted at Haflong Police Station approach road and on being enquired, he introduced himself as Dilwar Khan, son of late Temu Khan. In presence of independent witnesses body search of the petitioner was carried out and during such body search one black colour polythene bag was recovered from the possession of the petitioner. While opening the said black colour polythene bag, one transparent polythene bag containing in total 954 Nos. of suspected blue colour PROXYCO SPAS capsules weighing about 577.40 Grms was recovered with four numbers of smoking paper packets along with one train ticket from Silchar to Haflong and one black colour POCO mobile handset from the possession of the petitioner. All those were seized, inventory was prepared before the learned Magistrate and samples were forwarded to the FSL for its necessary examination and report.
4. It is seen that by order dated 19.11.2024, the Court called for the relevant case records.
5. From the records of the case, it is seen that after apprehending the petitioner he was arrested and produced before the learned Chief Judicial Magistrate, Dima Hasao, Haflong on Page No.# 3/4 19.05.2024.
6. After completion of the investigation of the case, the concerned Investigating Officer on 30.08.2024 submitted charge-sheet in said Haflong P.S. Case No. 45/2024 under Section 22 (c) of the NDPS Act against the petitioner.
7. As charge-sheet was filed in the case and charge was not framed, the petitioner at that stage on 13.11.2024 filed this bail application.
8. From the records of the case, it is seen that the FSL report dated 05.08.2024 affirmed the presence of Tharmadol, an enlisted NDPS item in the seized substance recovered from the possession of the petitioner.
9. From the records of the case, it is also seen that after submission of the charge-sheet on 30.08.2024, said Haflong P.S. Case No. 45/2024 has been re-registered as NDPS Case No. 39/2024 before the Court of the learned Special Judge (NDPS) cum Sessions Judge, Haflong who on 23.09.2024 took cognizance of the offence under Section 22(c) of the NDPS Act against the petitioner. On 14.11.2024 said Trial Court framed charge under Section 22(c) of the NDPS Act against the petitioner in said NDPS Case No. 39/2024 as 954 Nos. of PROXYCO SPAS capsules weighing about 577.40 Grms were recovered from the possession of the petitioner.
10. Mr. T Deuri, learned counsel for the petitioner, on instruction, has submitted that 08.03.2025 is the date fixed for recording of evidence of prosecution witnesses.
11. It is seen from the charge-sheet of the case dated 30.08.2024 that there are altogether 10 named prosecution witness in it relating to said NDPS Case No. 39/2024 pending before the Court of the learned Special Judge (NDPS) cum Sessions Judge, Haflong.
12. For the reasons above, this Court is of the view that detention of the petitioner since 18.05.2024 cannot be considered for his bail in said NDPS Case No. 39/2024 arising out of Haflong P.S. Case No. 45/2024 as 954 Nos. of PROXYCO SPAS capsules weighing about 577.40 Grms were recovered from the possession of the petitioner, which tested positive for Tharmadol, a scheduled NDPS item, as per the FSL Report dated 05.08.2024, noted above.
13. Accordingly, this bail application of the petitioner, Shri Dilwar Khan, son of late Page No.# 4/4 Temu Khan, in said NDPS Case No. 39/2024 arising out of Haflong P.S. Case No. 45/2024, stands rejected.
JUDGE Comparing Assistant