The court confirmed that under Section 37 NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to re-offend.

JUDGMENT :

W. Diengdoh, J.

1. An application under Section 439 Cr.P.C has been preferred with a prayer for grant of bail to the accused person Sujit Sarkar, who was arrested and is still in judicial custody in connection with Crl. (NDPS) Case No. 25 of 2023 under Section 20 (b)(ii)(c)/27(A)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Similar applications have also been filed on behalf of three other accused persons, namely Karnajit Sarkar, Sanjit Sarkar and Tutan Sarkar respectively, who were also arrested in connection with the said Crl. (NDPS) Case No. 25 of 2023.

3. The grounds raised in the respective applications aforementioned being identical and similar and also the argument advanced on behalf of the said accused persons being a common one, therefore, this Court deems it fit and proper to address the issue by passing a common judgment.

4. The genesis of the matter could be found in the FIR dated 19.06.2023 lodged by SI J. Dkhar of Khliehriat Police Station before the Officer-in-Charge, Khliehriat Police Station.

5. From the FIR what can be understood is that on the said date at about 5:15 pm, information was received from Shri B. Jyrwa, MPS, Additional Superintendent of Police, East Jaintia Hills District that one vehicle bearing No. TR 01 BT 0265, being Tata Tigor (white colour) was signaled to stop for checking by the Anti Narcotic Task Force (ANTF) but instead, the vehicle in a very rash and negligent manner at a very high speed ignored the said signal and, in the process, endangered the life of the ANTF staff and police personnel. However, the vehicle managed to be stopped by the police personnel and two occupants of the said vehicle, Shri. Joyel Das and Pranay Masudar along with Gourav Gupta were detained and the vehicle was checked on their voluntary statement that it was loaded with illegal contraband. Shri. Joyel Das has also stated that the owner of the vehicle and the contraband was one Shri Karnajit Sarkar who, along with three of his friends are travelling in vehicle No. TR 01 BW 0231 are also proceeding together towards the same destination with the intention of transporting and smuggling of the said contraband. Along with Shri Karnajit Sarkar were present Shri Sujit Sarkar, Shri Tutan Sarkar and Shri Sanjit Sarkar. The ANTF along with police personnel recovered about 57 packets weighing about 251.301 kg of pressed grass, when tested proved to be marijuana.

6. All the above mentioned persons were then arrested in connection with a case registered as Khliehriat P.S. Case No. 47(6) of 2023 under Section 307 /353 IPC read with Section 20 (b)(ii)(c)/29 NDPS Act.

7. On investigation being launched, the Investigating Officer had recorded the statement of all relevant witnesses including the accused persons and after all the formalities have been completed, had filed the Final Form Report under Section 173 Cr.P.C with the charge sheet being presented before the court finding that a prima facie case under Section 20 (b)(ii)(c)/29 NDPS Act is found well established against the accused persons mainly Shri Karnajit Sarkar, Shri Sujit Sarkar, Shri Tutan Sarkar Shri Sanjit Sarkar, Shri Gourav Gupta, Shri Pranay Majumdar and Shri Joyel Das. Section 27 (A) NDPS Act was also added against the name of Shri Karnajit Sarkar, Shri Sujit Sarkar, Shri Tutan Sarkar and Shri Sanjit Sarkar.

8. As pointed out above, this Court is called upon to decide on the applications for grant of bail as regard the accused Shri Karnajit Sarkar, Shri Sujit Sarkar, Shri Tutan Sarkar