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KALYAN RAI SURANA, SOUMITRA SAIKIA
Pappu Kumar Sahani, S/O- Ramesh Sahani – Appellant
Versus
Narcotics Control Bureau Represented By Its Director, Guwahati Zonal Unit – Respondent
JUDGMENT :
K.R. Surana, J.
Heard Mr. F. Khan, learned counsel for the petitioner and also heard Mr. S.C. Keyal, learned senior standing counsel of Narcotics Control Bureau.
2. By filing this writ petitioner under Article 226 read with Article 227 of the Constitution of India, the petitioner is praying for a writ of habeas corpus.
3. The records reveal that In brief, the prosecution case is that on or a specific information that contraband narcotics was being transported from Meghalaya side of Jorabat and would be passing through Khanapara, Guwahati, on 07.10.2021, the NCB officers intercepted a container truck bearing registration no. NL-01-AD-3773 and found two persons, namely, Pavan Kumar Singh and Nunu Babu Mahato trafficking 426.910 kg of contraband ganja and on completion of all formalities, they were arrested and the contraband was seized. In course of investigation, two more persons including the petitioner, namely, Pappu Kumar Sahani were arrested. The final complaint was filed on 31.03.2022, stated to be within stipulated time under section 36A of the Narcotic Drugs and Psychotropic Substances Act, 1984 (NDPS Act for short), seeking punishment of the three accused persons for
The court ruled that the petitioner was not entitled to default bail as he was lawfully shown arrested after the final complaint was submitted.
Prolonged incarceration without trial infringes upon fundamental rights, warranting bail despite the serious nature of charges under the NDPS Act.
Non-compliance with Article 22(1) vitiates arrest, but acknowledgment of grounds by the accused undermines this claim; prolonged custody does not negate statutory bail restrictions under NDPS Act.
The court denied bail under the NDPS Act, emphasizing the necessity of reasonable grounds for believing the accused is not guilty and unlikely to commit further offenses.
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
The absence of a chemical examination report does not render a bail application incomplete under the NDPS Act; the petitioner must satisfy the twin conditions for bail.
Detention from the time of the raid constituted a violation of the Applicant's rights under Articles 21 and 22(2) of the Constitution, leading to the grant of bail with stringent conditions.
Default bail entitlement under Section 167(2) Cr.P.C. arises only when a chargesheet is not filed or is incomplete; timely filing of chargesheet suffices despite missing documents.
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