Prafulla Kumar Ray @ Ravan 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. S.C. Biswas, learned counsel for the accused-petitioner and Mr. T.K. Mishra, learned Additional Public Prosecutor for the respondent

State of Assam.

This application under Section 439, Code of Criminal Procedure, 1973 (CrPC) has been filed by the accused-petitioner, Prafulla Kumar Ray @ Ravan

seeking bail in connection with Abhayapuri Police Station Case No. 330/2021, registered under Section 20(c) of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (‘NDPS Act’, for short).

The First Information Report (FIR) was lodged by the Officer In-charge, Abhayapuri Police Station on 13.04.2021 and on the basis of the said FIR,

Abhyapuri Police Station Case No. 330/2021 has been registered on 13.04.2021 under Section 20(c) of the NDPS Act. The case was registered as

10.240 Kgs of suspected Ganja was recovered allegedly from the possession of two accused persons viz., 1) Md. Azim Uddin and 2) Samburu Nath

and accordingly, they were arrested and remanded to custody. On the basis of the statements of the aforesaid two arrested accused persons, the

accused-petitioner was arrested and remanded to custody on 15.04.2021.

It has been submitted by the learned counsel for the accused-petitioner that the quantity of suspected Ganja recovered was 10.0240 Kg and as per the

NDPS Act, the quantity of more than 20 Kgs of Ganja is considered to be commercial quantity and the case ought to have been registered under

Section 20(b) of the NDPS Act. An offence under Section 20(b) is punishable with rigorous imprisonment for a term which may extend to ten years

and a fine which may extend to one lakh rupees. Thus, the statutory period to complete the investigation and to file the charge sheet as per the proviso

a(ii) of Section 167(2), CrPC is 60 days. It has been further submitted by him that the other two arrested co-accused persons have already been

granted default bail as per the proviso a(ii) of Section 167(2), CrPC by an order dated 18.06.2021 passed by a coordinate bench of this Court in bail

application, BA No. 1268/2021 preferred by the said two arrested accused persons.

In such view of the matter, the right has accrued to the present accused-petitioner to be released on default bail as he is similarly situated to the

aforesaid two accused persons.

On a query, learned counsel for the accused-petitioner has submitted that the present application has been filed on 19.06.2021. He has submitted that

ordinarily, the accused-petitioner in order to seek default bail has to approach the jurisdictional Special Court. It is submitted by him that in the case in

hand also, the accused-petitioner is prepared to approach the Court of Special Judge, North Salmara, Abhayapuri as he is prepared to furnish bail. In

view of the release of the other two arrested co-accused persons on default bail and as no charge sheet has been submitted within the statutory period

of 60 days, as submitted by the learned counsel for the accused-petitioner, the accused-petitioner shall approach the learned Court of Special Judge,

North Salmara, Abhayapuri by filing an appropriate application and in the event such an application is filed, the learned jurisdictional Special Court shall

consider the same in accordance with law by taking into consideration the fact that the other two arrested co-accused persons have already been

released on default bail on 18.06.2021.

With the above observations, this application stands disposed of.