Bail applications under Section 37 of the NDPS Act require a presumption of innocence, which was not established in this case, leading to the denial of bail.

JUDGMENT :

W. DIENGDOH, J.

1. These two petitions have been filed with a prayer for grant of bail on behalf of the accused persons namely, Shri. Tutan Sarkar and Shri. Sujit Sarkar who are involved in a case registered as Khliehriat P.S. Case No. 47(06)2023 under Section 279 /307/353/427 IPC read with Section 20 (b)(ii)(c)/29 NDPS Act, 1985.

2. Ms. M. Rahman, learned counsel for the petitioners has submitted that the accused persons in question were occupants of a vehicle bearing Registration No. TR 01BW 0231 which was driven by the accused person, Tutan Sarkar. It is also submitted that on 19.06.2023 one vehicle bearing Registration No. TR 01BT 0265 driven by one Joyel Das which was intercepted during Naka checking at Nongsnging near BMS Fuel Station, East Jaintia Hills District wherein the police personnel on conducting a search of the vehicle had discovered a large quantity of alleged contraband substance. Accordingly, the occupants of the said vehicle were all arrested and booked under the relevant provisions of the NDPS Act.

3. During investigation, an examination of the said occupants of the vehicle, it was the statement of the accused person, Joyel Das that the contraband substance belonged to one Shri. Karnajit Sarkar who was the occupant of the vehicle driven by the said accused person, Tutun Sarkar. Accordingly, on such complicity being linked, the occupants of the vehicle bearing No. TR 01BW 0231 were arrested in connection with the case.

4. In course of investigation, the Investigating Officer (IO) had noted the statement of several witnesses including the accused persons. Such statements being recorded under Section 161 Cr.P.C and eventually on finding a prima facie case well established against such accused person, the IO had put up the matter for a proper trial before the competent court of jurisdiction wherein the case is now registered as Special (NDPS) Case No.25 of 2023 to be tried by the learned Special Judge (NDPS) at Khliehriat, East Jaintia Hills District.

5. The learned counsel for the petitioners has however submitted that the accused persons whom she is representing, are not at all involved in the case inasmuch as the alleged contraband substance was not seized from the vehicle that they were travelling but they were implicated by Joyel Das and others, without any proof of their involvement in the case.

6. The accused person having been incarcerated in custody for about one year and five months, it is therefore prayed that the prayer made for grant of bail may be allowed with any conditions to be imposed by this Court.

7. Per contra, Mr. R. Gurung, learned GA appearing for the State has strongly opposed the prayer made and has led this Court to the petition itself, particularly at page 26 of the same wherein is found the statement of Shri. Joyel Das who had clearly given the details of how the incident had taken place and that the said contraband was indeed discovered from the vehicle he was driven. Further, Joyel Das had also stated that the said contraband substance belongs to one Karnajit Sarkar who was proceeding in the other vehicle, that is, TR 01BW 0231 along with the accused persons named herein. Therefore, under such circumstances, there is no doubt that the accused persons in question are involved in the case.

8. In fact, from the statements of the abovementioned two accused persons recorded under Section 161 Cr.P.C. the same have been stated and admitted by them to the extent that they have not denied that there exist the contraband which was stored in the vehicle driven by Joyel Das and that the same belongs to Karnajit Sarkar who had offered the accused persons money to accompany him.

9. The learned GA has submitted that under such c