Bail Appln./4517/2023 of JUGANTA DAS @ HITLER AND ANR Vs THE STATE OF ASSAM on 22 December 2023

Arguments

ORDER

22.12.2023

Heard Mr. M. Alam, learned counsel for the petitioners. Also heard Mr. K.K.Parashar, learned Additional Public Prosecutor, Assam.

This application under Section 439 of the Code of Criminal Procedure,1973 has been filed by the petitioners, namely, (1) Juganta Das @ Hitler and (2)Bisnu Pd. Pegu @ Mukunda, who have been detained behind the bars since11.11.2023 (for last 41 days) in connection with Laluk P.S. Case No.214/2023under Sections 21(b)/29 of the NDPS Act, 1985.

The gist of the accusation in this case is that on 11.11.2023, one Bishnu Deuri, SI of Police, Banderdewa Police Out Post had lodged an FIR before theOfficer-In- Charge of Laluk Police Station, inter-alia, alleging that on 10.11.2023,on receipt of information from reliable sources, a naka checking was conductednear Harmoti market and there the petitioner No.1, namely, Juganta Das @Hitler was apprehended and 20 Nos. of plastic containers containing orangecoloured powdery substance suspected to be Heroin weighing 22.91 gram wasseized from his possession. Thereafter the petitioner No.2, namely, Bishnu Pd.Pegu @ Mukunda was also arrested and 6 Nos. of Plastic containers containingsuspected heroin weighing about 6.92 gram was seized from his possession.

Learned counsel for the petitioners has submitted that the quantity of thecontrabands seized from the possession of the present petitioners is less thancommercial quantity and considering the period of detention already undergonei.e. 41 days, they may be allowed to go on bail.

On the other hand, learned Additional Public Prosecutor has placed the case diary of Laluk P.S. Case No.214/2023 and has submitted that there aresufficient incriminating materials against both the petitioners. He has alsosubmitted that the investigation has been fairly progressed and is pending onlyfor the receipt of FSL report.

Considering the submissions made by the learned counsel for both the sides as well as considering the fact that the investigation has fairly progressedand as the petitioners have been detained behind the bars for last 41 days, theirfurther custodial detention does not appear to be necessary for fair completionof the investigation of the case.

Hence, the petitioners, namely, Juganta Das @ Hitler and Bishnu Pd. Pegu @ Mukunda are hereby allowed to go on bail of Rs.30,000/- each with onesurety of like amount, subject to the satisfaction of the learned Chief JudicialMagistrate, Lakhimpur, North Lakhimpur with the following conditions:

(i) That the petitioners shall cooperate in their trial and shall appearbefore the learned Trial Court as and when required by thelearned Trial Court.before the learned Trial Court as and when required by thelearned Trial Court.

(ii) That the petitioners shall not directly or indirectly make anyinducement, threat or promise to any person who may beacquainted with the facts of the case, so as to dissuade anyperson from disclosing such facts of the case before theInvestigating Officer.inducement, threat or promise to any person who may beacquainted with the facts of the case, so as to dissuade anyperson from disclosing such facts of the case before theInvestigating Officer.

With the above observations, this bail application is hereby disposed of.

JUDGE

Comparing Assistant