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2020 Supreme(Gau) 206
GAUHATI HIGH COURT
Rumi Kumari Phukan, J.
Rabindra Choudhury - Appellant
Versus
State Of Assam - Respondent
Bail Appln. 645 of 2020
Decided On : 04-03-2020
Mr. M Biswas, for the Appellant; PP, Assam, for the Respondent
The court's decision was influenced by the consideration of the small quantity of the substance seized and the entirety of the circumstances in determining whether further detention of the accused person was necessary.
Headnote:
Bail - NDPS Act - Release on Bail
Fact of the Case:
The petitioner filed a petition for regular bail under Section 439 of the CrPC in connection with a case under Section 17(a) of the NDPS Act, after being in custody since 08.01.2020 for the possession of 500 grams of suspected opium.
Finding of the Court:
The court, after considering the arguments and the record, found that the amount seized was a small quantity and that further detention of the accused person could be dispensed with. As a result, the accused person was allowed to go on bail of Rs.20,000/- with one surety of like amount.
Issues: The main issue was whether the accused person should be released on bail considering the nature of the offence and the quantity of the substance seized.
Ratio Decidendi: The court considered the small quantity of the substance seized and the entirety of the circumstances to determine that further detention could be dispensed with, leading to the decision to grant bail.
Final Decision: The accused person was allowed to go on bail of Rs.20,000/- with one surety of like amount in connection with the Guwahati G.R.P.S. Case No.06/2020.
JUDGMENT
1. By filing this petition under Section 439 of the CrPC , petitioner Rabindra Choudhury, who is in custody since 08.01.2020, has prayed for release him on regular bail in connection with Guwahati G.R.P.S. Case No.06/2020, under Section 17(a) of the NDPS Act.
2. Heard the learned counsels for the parties and perused the record.
3. The accused person was arrested on 08.01.2020, along with 500 grams of suspected opium. The offence is registered u/s.17(a) of the NDPS Act and the amount seized is small quantity.
4. Considering all entirety, it can be considered that further detention of the accused person can be dispensed with.
5. Accordingly the accused person named above is allowed to go on bail of Rs.20,000/- with one surety of like amount, to the satisfaction of learned Chief Judicial Magistrate, Kamrup (M) at Guwahati in connection with the Guwahati G.R.P.S. Case No.06/2020.
The bail petition stands disposed of.
