RAVINDRA SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. Ali, learned Counsel for the accused-petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State of Assam.

(2.) By this application filed under Sec. 439, Code of Criminal Procedure, ['CrPC' and/or 'the Code', for short], the accused-petitioner viz. Ravindra Singh has prayed for his release on bail in connection with NDPS Case No. 40/2021 [GR Case no. 264/2021], arising out of Khatkhati Police Station Case no. 98/2021, originally registered for offences punishable under Ss. 20[b] [ii][B]/24 of the Narcotic Drugs and Psychotropic Substances [NDPS] Act, 1985.

(3.) Mr. Ali, learned counsel for the accused-petitioner has submitted that the accused-petitioner is suffering from scrotal swelling and he has been advised to undergo some advanced medical treatment. To buttress his submission, he has referred to a health status report [Annexure-F] dtd. 3/11/2021 issued by the Sub-Divisional Medical and Health Officer, Diphu. It is his further submission that the quantity allegedly recovered from the possession of the accused-petitioner is lesser than the commercial quantity and, as such, the restrictions embodied in Sec. 37 of the NDPS Act, 1985 would not be attracted for consideration of the prayer for bail in respect of the accused-petitioner.