Page No.# 1/5 GAHC040018512024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/136/2024 Shri Tana Roja S/o Lt. Tana Nida, Permanent resident of village Midpu-I, P.O/P.S Doimukh, District Papum Pare, Arunachal Pradesh VERSUS THE STATE OF AP to be represented by the Ld. Public Prosecutor Advocate for the Petitioner : Bengia Arun, Tana Seth,Chera Natung,Nabam Roma,T Pol,Taba Taison,Tana Tony Advocate for the Respondent : P P of AP, BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 07.01.2025. Heard Mr. B. Arun, learned counsel for the applicant. Also heard Ms. T. Jini, learned Addl. Public Prosecutor, Arunachal Pradesh appearing for the State. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for grant of bail to the accused, namely, Sri Tana Page No.# 2/5 Tamin, in connection with Banderdewa P.S. Case No. 70/2024, under Section 21(b) of the NDPS Act, 1985. The case set up by the prosecution is that on 12.11.2024, at around 15:20 hrs., the Banderdewa Police has received an information from the reliable source that few persons were transporting a huge quantity of narcotic drugs, suspected to be heroin from Assam and proceeding towards Banderdewa in a White colour Toyota Urban Cruiser Vehicle bearing registration No. AR01-Q-3566. Accordingly, the Banderdewa Police constituted a team and laid a trap and apprehended the accused persons, namely, Sri Tana Tamin and Sri Nabam Toni of village- Khola Camp, Post Office and Police Station Doimukh, District Papum Pare. The apprehended persons were searched thoroughly after their consent, as per the provisions of law and recovered 05 vials containing narcotic substance suspected to be heroin, kept in the central storage compartment of the car. On receipt of the written FIR, a case being Banderdewa P.S. Case No. 70/2024, under Section 21(b) of the NDPS Act, 1985 has been registered. Mr. B. Arun, learned counsel for the applicant submits that on 12.11.2024, the co-accused namely, Nabam Toni requested the accused to take him to Banderdewa and on such request, the present accused person took said Nabam Toni to Banderdewa in his car without knowing the actual purpose of the co- accused at Banderdewa. While coming back from the Banderdewa, they were apprehended by the Banderdewa Police from near the Karsingsha block point. He submits that the present accused is unaware when and from where the co- accused Nabam Toni had collected or purchased the suspected drugs at Page No.# 3/5 Banderdewa. He further submits that the accused had never transported, sell or purchase of any kind of banned drugs but on request of the co-accused, he at some point of time tried consuming of some drugs substances. Mr. B. Arun, learned counsel for the applicant further submits that since the accused applicant is innocent and having minor child and also the sole bread earner in his family, having moveable and immovable properties within the jurisdiction of Doimukh Circle, he may be released on bail. He further submits that the applicant herein is the elder brother of the accused person who is having a control over him and therefore, would produce the accused person before the Court of Law and the police as and when called, in the event the accused person is released on bail. He submits that since the accused person was arrested on 12.11.2024 and the police had interrogated and recorded his statement and is co-operating with the investigation, the accused person may be released on bail. Ms. T. Jini, learned Addl. Public Prosecutor, Arunachal Pradesh appearing for the State respondent, by placing the case diary submits that the accused person, during interrogation had stated that they have procured the narcotic contraband, from two suppliers, namely, Hithoi and Dharmendra Das. Accordingly, one Dharmendra Das has been arrested and on search has recovered 12 vials, containing suspected heroin weighing 13.44 gms (including wt. of vials). On further disclosure, one Rajen Boruah, resident of Ranga De- Reserve, PS- Laluk; Dist.- Lakhimpur, Assam has been arrested and recovered from him 3 vials of suspected heroin weighing 3.42 gms (including wt. of. vials). On further interrogation, the accused persons have disclosed that the said Page No.# 4/5 narcotic drug was procured from one Raj Pegu of Harmoti, Assam. The said accused person is absconding. Therefore, there is a racket in the supply of narcotics drugs involving the present accused person. Therefore, she submits that the accused person, namely, Tana Tamin is not entitled to be released on bail at this stage. I have heard the submissions of learned counsel for the parties and perused the case diary. On perusal of the case diary, it reveals that the accused person, namely, Tana Tamin and other co-accused have stated that they usually procure the narcotics drugs from two suppliers, namely, Hithoi and Dharmendra Das. Thereafter, the other two co-accused namely, Dharmendra Das and one Rajen Boruah have been arrested and recovered 15 vials of suspected heroin, weighing 13.44 gms. + 3.42 gms. = 16.86 gms., from the above stated two suppliers. The above two co-accused have also disclosed that the said narcotic drugs were procured from one Raj Pegu of Harmoti, Assam, who is absconding. It also reveals from the record that the police had recovered 05 vials, containing narcotic substance suspected to be heroin, weighing 5.71 gms., from the possession of the present accused person and the co-accused. The accused persons have also revealed that they went to Banderdewa to buy the suspected heroin. Thus, there are sufficient materials against the present accused, namely, Tana Tamin of his prima facie involvement in the alleged crime. Having considered the case diary and the materials contained therein, I Page No.# 5/5 am of the view that the accused person appears to be active drug transporter and he is well acquainted with the drug consumers and drug peddlers in the area. The prime accused who is the alleged supplier is yet to be apprehended. Therefore, if the accused person is released on bail, there is a likelihood of relapse of offence and crime, as he is acquainted with other drug consumers and peddlers and he may influence or threat the witnesses, acquainted with the facts of the case. In view of the above, this Court is not inclined to admit the accused person namely, Tana Tamin to bail at this stage. Accordingly, the bail petition stands rejected. The bail application stands disposed of. JUDGE Comparing Assistant