ORDER

Date : 08-05-2019 Heard Mr. S.M. Abdullah P, learned counsel for the accused-petitioner as well as Mr. N.J. Dutta, learned Additional Public Prosecutor, Assam for the State respondent.

By this application under section 439 of the Cr.P.C., the petitioner namely, Sri Hirak Jyoti Deka has prayed for grant of bail, in connection with Baihata Chariali PS Case No.

108/2019 under Section 20(b) of the NDPS Act.

The case diary, as called for, is placed before the Court.

Mr. S.M. Abdullah P, learned counsel for the accused-petitioner, submits that the quantity of suspected drugs recovered out of the possession of the accused, and another being weighted 5 gms 140 mgs, it amounted to intermediate quantity. Mr. Abdullah further submits that the petitioner had purchased the seized heroine for his personal consumption and not for any commercial purpose. According to Mr. Abdullah, the offence under Section

20(b) of the NDPS Act is a bailable offence.

Mr. N.J. Dutta, learned Additional Public Prosecutor, Assam, submits that from the case diary, it appears that 5 gms 140 mgs of drugs suspected to be heroin was recovered out of the possession of the present accused and another amounts to intermediate quantity. Mr. Dutta further submits that as the investigation into the case has progressed substantially, further detention of the accused may not be necessary for the purpose of the investigation.

The FIR reveals the allegation of recovery of suspected brown sugar weighing 5 gms

140 mgs out of the possession of the present accused and another. The case diary reveals that the accused-petitioner deals in drugs. The weight of the seized suspected drugs was 5 gms 140 mgs.

Having heard the learned counsels for both the sides, as above and consideration of the averments made in the bail application along with the documents annexed thereto as well as scrutiny of the case diary, it appears that the suspected brown sugar weighing 5 gms 140 mgs was recovered and seized out of the possession of the present accused and another. The FSL report is yet to be received. The accused has been behind the bar for the last 46 days since 24.03.2019. Therefore, this Court finds that further detention of the accused is not necessary in the interest of investigation into the case. The investigation is yet to be completed.

Therefore, considering the length of detention, this Court finds that if liberty of bail is granted to the accused-petitioner, further investigation in the case is unlikely to be adversely affected.

Hence, it is provided that the accused namely, Sri Hirak Jyoti Deka shall be released on bail of Rs. 25,000/- with one surety of the like amount to the satisfaction of the learned SDJM, Rangia on the following conditions:-

1. That the accused shall cooperate with the investigating officer as and when required;

2. That the accused shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and

3. That the petitioner shall not commit any offence similar to the offence, the commission of which he is accused or suspected.

With the above directions, the bail application stands disposed of.

Return the case diary.

JUDGE Comparing Assistant