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2025 DAILYLAW 22076 (GAU)

AJIT DAS v. THE UNION OF INDIA

FA(OS)/3904/2024 · 2025-01-21

Robin Phukan

body2025

Judgment text

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Page No.# 1/3 GAHC010002182025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3904/2024 AJIT DAS S/O- LATE SUDHIR DAS R/O- SHIVBARI W/NO-5 P.O P.S-HOJAI DIST- HOJAI ASSAM VERSUS THE UNION OF INDIA REP BY STANDING COUNSEL OF NARCOTICS CONTROL OF BUREAU 2:NARCOTICS CONTROL BUREAU REP BY ITS DIRECTOR GUWAHATI ZONAL UNIT VIP ROAD CHACHAL KHANAPARA GUWAHATI-22 ASSAM ------------ Advocate for : MR FIRUZ KHAN Advocate for : SC NCB appearing for THE UNION OF INDIA Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 22.01.2025 Heard Mr. F. Khan, learned counsel for the accused and Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of the B.N.S.S., is preferred by accused namely, Ajit Das, who has been languishing in jail hazot in connection with the Hojai P.S. Case No. 348/2024, under Section 20(b)(ii)(B) of the N.D.P.S. Act, for granting bail. 3. It is to be noted here that the said case has been registered on the basis of an F.I.R. lodged by S.I. Nilam Boro, on 22.11.2024. The essence of allegations in the F.I.R. against the accused is that he used to deal with the business of selling of Ganja in his own house and on 22.11.2024, the informant had conducted a search in his house and recovered 1.23 k.g. of suspected Ganja from his possession and also a sum of Rs. 5,87,220/- and seized the same in presence of witnesses preparing seizure list. 4. Mr. Khan, learned counsel for the accused submits that and contraband substance allegedly recovered from the possession of the accused is of intermediate quantity. Mr. Khan further submits that the mandatory period for submitting charge sheet, under Section 20(b)(ii)(B) of the NDPS Act, is 60 days and today is the 60th day of his detention in jail hazot and till date no charge sheet has been submitted by the I.O. and as such, he is entitled to default bail. 5. On the other hand, Mr. Sharma, learned Additional Public Prosecutor fairly submits that no charge sheet has been submitted till date. Page No.# 3/3 6. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record. 7. It appears that the accused was arrested on 23.11.2024, and since then he has been languishing in jail hazot and till date no charge sheet has been submitted by the I.O. As the case has been registered under Section 20(b) (ii)(B) of the N.D.P.S. Act, the mandatory period of submission of charge sheet is 60 days and today is the 60th day of his detention in jail hazot and as no charge sheet has been submitted by the I.O. till date, the accused is entitled to default bail under Section 187(3) of the B.N.S.S. 8. Accordingly it is provided that on furnishing his bond of Rs. 50,000/- only with one surety of like amount to the satisfaction of the learned Special Judge, NDPS Act, Hojai the accused be enlarge on bail. 9. In terms of above this B.A. stands disposed of. JUDGE Comparing Assistant