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2023 Supreme(Gau) 1356

SANJAY KUMAR MEDHI
Kailalson Khongsai, S/o. Thangsei Khongsai – Appellant
Versus
State of Assam, Rep. by the PP, Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M. Thumra.

JUDGMENT :

Heard Shri Serto T. Kom, learned counsel for the petitioner, namely, Kailalson Khongsai, who has filed this bail application under Section 439 of the Cr.PC praying for bail in connection with Sonapur PS Case No. 585/2021 under 21(C)/24/29 of the NDPS Act.

2. The petitioner was arrested on 28.08.2021.

3. At the outset, it may be noted that the prayer for bail of this petitioner was rejected earlier vide order dated 18.04.2022 in Bail Appln./3706/2021.

4. Pursuant to earlier orders, the scanned copies of the case records have been transmitted to this Court.

5. Shri Kom, learned counsel for the petitioner makes the following submissions in support of his prayer for bail :

    i. Till date, the petitioner is behind the bars for about 816 days and therefore, further custodial detention is not necessary. Though the trial has begun, only three numbers of PWs have been examined.

ii. Out of 6 arrested persons, 2 have been granted bail by this Court.

iii. There has been violation of the provisions of Section 52 A of NDPS Act, more specifically sub-section (4) thereof. It is contended that the inventory, photographs of the contraband, list of substance drawn and certified by the Magistrate wou

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