Pranjit Das 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 Ms. A. Medhi, 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. Mr. Pranjit Das has prayed for his

release on bail, as he is in custody since 22.05.2021 in connection with Bharalumukh Police Station Case no. 410/2021, registered under Section 22(a)

of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Ms. Medhi has submitted that suspected contraband substance (heroin) weighing about 4 grams was recovered from the possession of the accused-

petitioner. She has submitted that even it is assumed that such contraband substance (heroin) weighing about 4 grams was recovered from the

possession of the accused-petitioner, he cannot be held to be involved in drugs peddling. At best, the same should be considered to have been kept for

personal consumption.

Learned Public Prosecutor has submitted that he has received the concerned case diary. The report for chemical analysis of the seized suspected

contraband substance is not available in the case diary. He has submitted, on the basis of the materials collected during the course of investigation

carried out so far, that no materials till date have been collected which would go to suggest that the accused-petitioner is involved in the activities of

drugs peddling. Pursuant to the recovery of suspected contraband substance (heroin) weighing 4 grams, no further recovery has been made during the

course investigation till date from the possession of the accused-petitioner.

Mention of heroin is found in Entry no. 56 in the table appended to the NDPS Act, 1985 issued in terms of clause (viia) and clause (xxiiia) of Section 2

of the NDPS Act, 1985. As per the said Entry no. 56, a quantity of heroin upto 5 grams falls under small quantity and a quantity above 250 grams of

heroin is considered to be commercial quantity. An accused, if convicted for possession of such small quantity of heroin, has to undergo rigorous

imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with both under Section 22(a), of the

NDPS Act, 1985.

Considering the above fact situation obtaining in the case and the fact that the accused-petitioner is in custody since 22.05.2021, 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. 25,000/- with one suitable surety of the

like amount to the satisfaction of the learned Special Judge, Kamrup (M), Guwahati 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.