Mridul Baro @ Mridul Boro vs State Of Assam

The Court proceedings have been conducted through remote video conferencing mode due to the prevailing situation in the State due to Covid-19

pandemic.

Heard Mr. R.D. Bhuyan, learned counsel for the accused- petitioner and Mr. T.K. Misra, learned Additional Public Prosecutor for the respondent

State of Assam. By this application under Section 439, Code of Criminal Procedure, 1973 (CrPC), the accused- petitioner viz. Sri Mridul Baro @

Mridul Boro has prayed for his release on bail, as he is in custody since 06.05.2021, in connection with Simla Police Station Case no. 26/2021,

registered under Sections 22(a)/27 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

4 (four) persons including the present petitioner, were apprehended on 05.05.2021 on the basis of a secret information received by the informant, a

Sub-Inspector of Police, attached to Simla Police Station, to the effect that they were consuming drugs at Tukurakuchi area. The accused persons

including the present accused-petitioner, were allegedly caught red-handed while consuming suspected substances in a vehicle. After arrest, the

accused-petitioner was remanded to custody on 06.05.2021 and as such, the accused-petitioner is in custody for a period of 51 days till date.

Learned Additional Public Prosecutor has submitted that he has received the concerned case diary but the FSL report is not available therein. He has,

however, submitted, on the basis of the materials available in the case diary collected during the investigation carried out so far, that a quantity of

suspected contraband (heroin) substance weighing about 0.17 grams was recovered from the possession of the arrested accused persons.

The case has been registered under Sections 22(a)/27, NDPS Act, 1985. As per the Entry no. 56 of the Table appended to the NDPS Act, 1985, a

quantity upto 5 grams of heroin is considered to be small quantity. Section 22(a), NDPS Act, 1985 has prescribed that if a person is held guilty where

contraband involves small quantity, he is liable to undergo rigorous imprisonment for a term which may extend one year, or with fine which may

extend to ten thousand, or with both. Section 27, NDPS Act, 1985 has provided for punishment for consumption of any narcotic drugs or psychotropic

substance and the maximum period of punishment provided therein is rigorous imprisonment for a term which may extend to one year, or with fine

which may extend to twenty thousand, or with both.

I have perused the contents of the FIR and have also taken note of the materials available in the case diary, as have been referred to by the learned

Additional Public Prosecutor as the case diary is available with him. The materials in the case diary, according to him, do not go to indicate that the

accused-petitioner is involved in any kind of activities like drugs trafficking and the suspected seized contraband appeared to be procured by the

accused-petitioner along with other accused persons for their personal consumption. Having due regard to the ingredients of Sections 22(a)/27, NDPS

Act, 1985 and nature and gravity of the accusations as well as the materials available in the case diary, I am of the considered view that further

custodial detention of the accused-petitioner is not necessary for the purpose of carrying out investigation of the case and his release on bail, at this

stage of investigation, is not likely to cause any prejudicial effect in the further investigation, provided he continues to extend his assistance and co-

operation in the further investigation of the case.

Accordingly, it is directed that the accused-petitioner shall be released on bail on furnishing a bail bond of Rs. 20,000/- with one suitable surety of the

like amount to the satisfaction of the learned Special Judge, Baksa subject to the conditions that :-

[i] the accused-petitioner shall co-operate with the investigation and make himself available for interrogation whenever required by the Investigating

Officer (I.O.) of the case;

[ii] the accused-petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case

so as to dissuade him from disclosing such facts to the court or to any police officer;

[iii] the accused-petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be

collected by the police;

[iv] the accused-petitioner shall maintain law and order and he shall not commit an offence similar to the offence of which he is accused, or of the

commission of which he is suspected; and

[v] the accused-petitioner shall regularly remain present during the trial and co-operate the Court to complete the trial for the above offences, if

charge sheeted in the case.

The application stands disposed of in the aforesaid terms.