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SANJAY KUMAR MEDHI
Khaiminlal Touthang S/o Ngamsei Touthang – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
Heard Shri Serto T. Kom, learned counsel for the petitioner, namely, Khaiminlal Touchang, who has filed this bail application under Section 483 of the BNSS, 2023 read with Section 37 of the NDPS Act praying for bail in connection with NDPS Case No. 158/20214 (arising out of Sonapur PS Case No. 585/2021) registered under Sections 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 by this Court on two occasions earlier vide orders dated 18.04.2022 in Bail Appln./3706/2021 and order dated 20.12.2023 in Bail Appln./4379/2023.
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:
The court ruled that in NDPS cases, the societal interest in preventing drug offenses outweighs individual liberty, necessitating strict adherence to bail conditions under Section 37 of the NDPS Act.
Prolonged incarceration without trial infringes on constitutional rights, warranting bail despite the seriousness of the charges under the NDPS Act.
The conditions for granting bail under Section 37 of the NDPS Act must be fulfilled, considering the gravity of the offense and the quantity of contraband involved. The restrictions imposed on the po....
The NDPS Act imposes stringent requirements for bail in drug-related offenses, emphasizing societal safety over individual liberty when evidence of conscious possession exists.
The court reaffirmed that bail under the NDPS Act requires strict adherence to Section 37(1)(b)(ii), emphasizing that health conditions alone do not justify bail in serious drug offenses.
Compliance with Section 50 of the Cr.P.C. and the seriousness of charges under the NDPS Act negate the automatic entitlement to bail, despite prolonged incarceration.
Courts must strictly apply Section 37 of the NDPS Act requiring proof of non-guilt and lack of risk to public safety for bail eligibility.
Point of Law : Court is of the view that if an arrest and detention is not permissible on the basis of a statement of a co-accused, no investigation would be possible leading to a situation of anarch....
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