Gauhati High Court
Tapan Das And 2 Ors vs Page No.# 2/3 on 4 May, 2020
Author: Ajai Lamba
Bench: Ajai Lamba
Page No.# 1/3
GAHC010069382020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 889/2020
1:TAPAN DAS AND 2 ORS.
S/O- RAMCHARAN DAS, BY FAITH AND RELIGION- HINDU, BY
PROFESSION- BUSINESSMAN, RESIDENT OF VILLAGE/ TOWN- AMERIGOG
(PART), P.S. 13TH MILE, RI-BHOI, IN THE DISTRICT OF MEGHALAYA, POST-
JORABAT SUB-DIVISION, GUWAHATI, IN THE DISTRICT OF KAMRUP(M),
ASSAM.
2: ANIL DEKA
S/O- GOLOK DEKA
BY FAITH AND RELIGION- HINDU
BY PROFESSION - BUSINESSMAN
RESIDENT OF DHULARA
POST- SUTARAGAON
P.S. BAIHATA CHARIALI
GUWAHATI - 781381 IN THE DISTRICT OF KAMRUP(M)
ASSAM.
3: SANJAY KUMAR PANDEY
S/O- SHRI JALAJIT PANDEY
BY FAITH AND RELIGION- HINDU
BY PROFESSION- BUSINESSMAN
PERMANENT RESIDENT OF - KHOCKHAR
P.S. SURIA
P.O- ABHOLI
BHADI
U.P. AND PRESENTLY RESIDING AT LAL GANESH MARRIAGE HALL
COMPOUND
POST- UDALBAKRA
P.S. ADAGODAM
DISTRICT- KAMRUP(M)
ASSAM
VERSUS
Page No.# 2/3
1:THE UNION OF INDIA
REP. BY PP, ASSAM.
Counsel for the Applicant(s) : Ms. P. Mishra, Advocate
Counsel for the Respondent(s) : Mr. S. C. Keyal, Asstt. Solicitor General of India.
BEFORE HON'BLE THE CHIEF JUSTICE MR. AJAI LAMBA 04.05.2020:
1. The applicants, namely, (1) Sri Tapan Das, (2) Shri Anil Deka and (3) Shri Sanjay Kumar Pandey have preferred this application under Section 439 of the Code of Criminal Procedure for bail in connection with DRI Case No.22/CL/IMP/CIG/ DRI/GZU/2019-20 dated 20.03.2020, under Sections 104/110/135 of the Customs Act, 1962.
2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge.
3. I have heard Ms. P. Mishra, learned for the applicant and Mr. S. C. Keyal, learned Assistant Solicitor General of India for the respondent.
4. Contention of learned counsel for the applicants is that the applicants have been in custody since 20.03.2020. The accusation against the applicants is of smuggling cigarettes from Imphal to Guwahati. Learned counsel for the applicants contends that the recovery being of goods valued at less than Rs.1 crore, maximum sentence provided would be 3 years.
5. Learned counsel for the prosecuting agency, Mr. S. C. Keyal does not dispute the facts stated on behalf of the applicant.
6. Considering the fact that no further recovery is be effected from the applicants; further detention of the applicants shall not serve any purpose of investigation or law and considering the maximum sentence provided for the offence allegedly committed, the application is allowed.
7. Accordingly, it is directed that the applicants be released on bail to the satisfaction of Page No.# 3/3 the Chief Judicial Magistrate, Kamrup (Metro).
8. Let a copy of the order be provided under the signatures of the Court Master.
CHIEF JUSTICE Comparing Assistant