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2023 Supreme(Gau) 1510

KALYAN RAI SURANA
Mohan Lal S/O Sri Goma Ram – Appellant
Versus
State Of Assam Represented By The Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. K Boruah
For the Respondent: Ms. S.H. Bora, the learned Addl. PP, Assam

ORDER :

HONOURABLE MR. JUSTICE KALYAN RAI SURANA

Heard Mr. K. Boruah, learned counsel for the petitioner. Also heard Ms. S.H. Bora, the learned Addl. P.P. for the State.

2. The petitioner, namely, Mohan Lal, who was arrested on 07.05.2022 in connection with Gossaigaon P.S. Case No. 156/2022 under sections 18(c)/21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is seeking regular bail under section 439 IPC.

3. The learned counsel for the petitioner has submitted that the petitioner is in custody for last 276 days. It is also submitted that the charge-sheet in the case was submitted on 04.11.2022, i.e. on 181st day of the arrest of the petitioner, which was beyond statutory period of 180 days, for which the petitioner has a right to be released on default bail.

4. The learned Addl. P.P. has opposed the prayer for bail.

5. In the aforesaid case, as per order dated 04.11.2022, passed by the learned Special Judge, Kokrajhar in connection with Special NDPS Case No. 156/2022, the I.O. had submitted charge-sheet No. 192/2022 dated 10.08.2022 before the said learned Court on 04.11.2022, implicating the petitioner of committing offence punishable under Section 18(c)/21(c) of NDPS

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