Guwahati, Dec 11: The Gauhati High Court has granted bail to an accused arrested in connection with a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) considering that there was no plausible ground to believe that he was guilty of the offence under Section 29 of the NDPS Act, 1985.
“…This Court is of the view that alongside the embargo placed in Section 37 of the NDPS Act, 1985, the ground of undue delay in trial can also be a ground for granting bail inasmuch as the Court is to come to the satisfaction that there is no likelihood of completion of trial in near future,” a single-judge bench of the High Court observed, while allowing the plea of the petitioner-accused.
“Thus, such ground of inordinate delay, in the considered opinion of this Court, shall depend on the facts of each case and the cause of delay is also required to be noted down,” the bench said.
According to the prosecution case, 29.030 kilograms of ganja was recovered from the Agartala Deodhar Express on November 13, 2022, but no accused suspect was found at the place of occurrence.
The petitioner was implicated on the basis of statements of two witnesses recorded under Section 161 Cr.P.C, and the petitioner was arrested after six months of the date of the FIR and the alleged contraband was found in a train.
The charge-sheet was filed on May 31, 2023, charge under Section 20(C) of the NDPS Act was framed by the learned trial Court on September 13, 2023.
“A confessional statement recorded under Section 67 of the NDPS Act, 1985, will remain inadmissible in the trial of an offence under the NDPS Act and therefore, such statement more particularly on the basis of the confessional statement/voluntary statement of the co-accused cannot be a ground to have a reasonable belief that the accused is guilty of the offence,” the court said.
“This Court is of the view that the petitioner has been able to make out a prima facie case that there is no plausible ground to believe that petitioner is guilty of any offence under Section 29 of the NDPS Act, 1985,” it said.