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2020 DIGILAW 485 (GAU)

Roshan Baniya v. State Of Assam

2020-05-14

M.R.PATHAK

body2020
JUDGMENT 1. Heard Mr. T. Thakuria, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam for the State. 2. This application under Section 439 Cr.P.C. has been filed by the petitioner, namely, Roshan Baniya, seeking bail in connection with GRPS Case No. 214/2019 registered under Section 22(c) of the NDPS Act, 1985, wherein he was arrested on 29.11.2019 and since then he is in custody. 3. As per the FIR of the case, the petitioner was found carrying 3 bundles of WY drugs tablets, 45 packets of blue colour tablets and 25 packets of black colour tablets altogether 70 packets of tablets containing 200 pieces in each packet. 4. Perused the case diary today produced before the Court by the learned Additional Public Prosecutor, Assam. 5. The FSL report of the contraband goods seized from the petitioner shows the positive test for Methamphetamine. The report of the I.O. in the case diary also goes to show that the petitioner is involved in the trade of contraband drugs alone and he is not involved in any other business or work. 6. Moreover, the case diary reflects that on visiting Manipur, on every occasion, he carries contraband articles like Heroine and other contraband drugs from the said place and transports the same to Jalpaiguri, Delhi and other places for sale. 7. Considering such materials available in the case diary and his involvement in the case and his period of detention in custody since 29.11.2020 this court is of the view that it is not a fit case to grant bail to the petitioner at this stage of the proceeding of said GRPS Case No. 214/2019. 8. Accordingly, this bail application of the petitioner stands rejected.