Gauhati High Court
Jayant Kr Rajbonshi vs The State Of Assam on 22 February, 2021
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/3
GAHC010183572020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2860/2020
JAYANT KR RAJBONSHI
S/O LATE AMIT CHANDRA DEKA, R/O VILL-JALJALI, GARANIAPARA, P.S.-
MANGALDAI, DIST-DARRANG, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MS. A. MEDHI
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 22-02-2021 Heard Ms. A Medhi, learned counsel for the accused-petitioner. Also heard Mr. NK Kalita, learned Additional Public Prosecutor, appearing for the State respondent.
Page No.# 2/3 This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused- petitioner, namely, Jayant Kr. Rajbonshi, in connection with CID Police Station Case No. 22/2020 registered under Sections 22(C)/29 of the NDPS Act.
Perused the case diary produced before this Court.
It appears from the materials in the case diary that 3,200 bottles of codeine syrup were recovered from the Mahindra pickup Van allegedly driven by the present petitioner. However, the materials in the case diary suggest that on being led by the petitioner, some other amount of codeine syrup bottles were recovered which in total came to 9,600 bottles.
The learned counsel for the petitioner has submitted that the codeine syrup bottles seized from the Mahindra pickup Van, involved in this case was destined for Hailakandi and he was only carrying the same. But, the petitioner does not own the same.
The learned counsel for the petitioner also submits that there are purchase challans and GST vouchers, etc for purchasing the aforesaid codeine syrup bottles in the name of one Maa Manasha Pharmaceutical, Hailakandi. However, the learned Additional Public Prosecutor, referring to the materials in the case diary, has submitted that co-accused has clearly indicated that the accused-petitioner used to purchase such codeine syrup bottles/contraband in the name of aforesaid Maa Manasha Pharmaceutical and distribute the same amongst different persons, including the co-accused. Therefore, there are clear materials in the case diary, according to the learned Additional Public Prosecutor, that the accused-petitioner is involved with the commission of the alleged offence.
This Court has also taken note of the fact that the learned counsel for the petitioner has submitted the documents placed before this Court today, such as purchase challans and GST vouchers, etc seized by the police in connection with this case although seized were not reflected in the case diary.
Considering the materials in the case diary, as indicated above, the prayer for bail of the accused-petitioner is rejected at this stage. However, in view of the submission made by the learned counsel for the petitioner, the case diary be returned to the Investigating Police Officer for reflecting the purchase challans and GST vouchers, etc of the alleged contraband, seized in connection with the case, whenever the case diary is called for next, if required.
This Court has also taken note of the fact that still there is time left for completing the investigation within the statutory period.
Page No.# 3/3 A copy of this order be furnished to the concerned Investigating Police Officer through the learned Additional Public Prosecutor, Mr. NK Kalita.
The petition stands disposed of accordingly.
Return the case diary.
JUDGE Comparing Assistant