Rita Boro vs State Of Assam

Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam for the State respondent.

This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Rita Boro, in connection with Basistha P.S.

Case No. 339/2021, registered under Sections 21(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 The learned counsel for the petitioner has submitted that the accused was arrested on 20.02.2021 in connection with the case. This case has been registered under Section 21(c) of the NDPS Act. The FIR and the seizure list show that 105 grams of suspected heroin was seized from the possession of the petitioner. The learned counsel for the petitioner has also submitted that considering the quantum of suspected heroin seized from the possession of the petitioner, the case ought to have been registered under Section 21(b) and not under Section 21(c) of the NDPS Act as the quantity seized is above the small quantity and below the commercial quantity.

As per the entry no. 56 of the table appended to the NDPS Act, 250 grams and above heroin falls within commercial quantity. That being so, prima facie, the case falls under Section 21(b) of the NDPS Act. The last entry in the case diary is dated 09.06.2021. It has been indicated in the said entry, dated 09.06.2021, that FSL report is collected. Whatever it may be, the investigation is not yet completed. The petitioner is in custody for 114 days as on date.

Learned Additional Public Prosecutor has agreed that the case falls under Section 21(b) of the NDPS Act and, therefore, she has agreed that the statutory period for investigation of the instant case is 60 days. In view of such position, the learned Additional Public Prosecutor has agreed to the prayer for bail.

Considering the above legal position, the petitioner is granted bail on furnishing bail bond of Rs. 25,000/- with two local sureties of the like amount to the satisfaction of the learned Special Judge, Kamrup(M) on the following conditions:-

(a) shall not leave the territorial jurisdiction of learned Special Judge, Kamrup (Metro) at Guwahati, without prior written permission from him;

(b) shall not hamper with the investigation, or tamper with the evidence of the case;

(c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

In terms of the above, this bail application stands disposed of.

Return the case diary.