Amal Das vs State Of Assam

Heard Mr. A.M. Bora, learned senior counsel assisted by Mr. D. Gogoi, Advocate appearing for the petitioner. Also heard Ms. S.H. Borah, learned

Addl. Public Prosecutor for the State of Assam.

This is an application under Section 438 Cr.P.C. praying for pre-arrest bail in the matter of Basistha P.S. Case No.1023/2021 under Section 21(c)/29

of the NDPS Act, 1985.

On 09.06.2021 police had stopped a truck and later on it was discovered that the truck carried huge quantity of cough syrup. As the driver could not

show any documents, he was arrested.

The present petitioner is a licence drug distributor who operates under the name and style of “M/s Hematech Pharmaceuticalsâ€. The petitioner

states that he had purchased the aforesaid medicines from Daffodil Drugs Private Limited, West Bengal. The petitioner has submitted GST invoices

and E-way Bills which included bills for purchasing and selling. In fact, according to the petitioner he ordered the medicines as he got an order from

“Nalini Distributorâ€​. Therefore, he was sending the goods to Nalini Distributor.

Today the Case Diary reveals that on an earlier occasion also the petitioner and the same driver were arrested. Mr. Bora submits that in that case the

petitioner was acquitted.

Ms. S.H. Borah objected to the bail prayer on different grounds and one of them is that the cough syrup contained a substance called codeine and it is

used in the illegal narcotic drug market. Ms. Borah, therefore, submits that no pre-arrest bail deserves to be given to the petitioner.

I have given my anxious consideration to the submissions made by both the parties.

Today after going through the GST invoices and other documents, I find that the petitioner has placed a satisfactory case for himself. There is nothing

in the Case Diary to suggest that this invoices which are submitted by the petitioner are manufactured or fake. Therefore, the investing officer is

directed to go through the GST invoices and to file a report.

In the meantime, this Court hereby directs that as an interim measure, in the event of arrest in connection with Basistha P.S. Case No.1023/2021, the

petitioner Amal Das shall be released on bail on furnishing a bail bond of Rs.25,000/- with one surety of the like amount to the satisfaction of the

arresting authority.

The petitioner is directed to appear before the Investigating Officer within the next 7 (seven) days from today.

The matter shall be listed again on 31.08.2021.