Bench: HON’BLE MRS. JUSTICE MALASRI NANDI
Bail Appln./1785/2024
Case Title: GANESAN G @ GANESH Vs. THE UNION OF INDIA
Case Details:
The Applicant has filed a Bail Application under Section 439 of the Cr.P.C. praying for bail in connection with NDPS Case No. 131/2021.
Facts:
Petitioner was arrested on 16.09.2021. Filed this bail application under Section 439 of the Cr.P.C. praying for bail in connection with NDPS Case No. 131/2021under Section 8(C)/22(C)(ii)/29 of NDPS Act. The Court rejected the previous Bail Application (Case No:Bail Appln./291/2022)
Court Observed:
- The Court considered that under the NDPS Act, while the duration of detention is relevant, it is not the sole factor in deciding bail.
- Factors such as the quantity and nature of the contraband and the petitioner’s involvement are significant.
- The case involves a commercial quantity of contraband, and the petitioner has been directly implicated.
- Under Section 37 of the NDPS Act, the Court must be satisfied that the petitioner is not guilty and will not commit further offenses if granted bail. The Court was not satisfied on these grounds.
Judgement:
Court considered that under the NDPS Act, while the duration of detention is relevant, it is not the sole factor in deciding bail, Court must be satisfied that the petitioner is not guilty and will not commit further offenses if granted bail. The Court rejected the previous Bail Application.
Previous Orders:
Mr. U. S. Borgohain, learned counsel for the petitioner and Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam, called for the scanned copy of the trial court record along with the statement of witnesses of NDPS Case No. 131/2021 pending in the court, NCB prayer for some time to file objection regarding the prayer of the petitioner was allowed by court.
