CHANDRA VIR Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) These two applications are preferred by the accused-petitioners viz. [i] Chandra Vir [the petitioner in B.A. no. 1564/2024]; and [ii] Rajeev Upadhay @ Rajeev Upadhayay [the petitioner in B.A. no. 1868/2024]; under Sec. 439, Code of Criminal Procedure, 1973 ['CrPC' and/or 'the Code', for short], seeking their release on bail in connection with NDPS Case no. 89 of 2020, arising out of NCB Crime Case no. 08 of 2020, registered for offences under Sec. 8[c] read with Sec. 20[b][ii][C] and Sec. 29 of the Narcotic Drugs and Psychotropic Substances [NDPS] Act, 1985, the trial of which is presently pending before the Court of learned Additional Sessions Judge No. 3 [FTC], Kamrup [Metro] at Guwahati ['the Special Court', for short] in the form of NDPS Case no. 89 of 2020.

(2.) As both the applications have arisen out of the same case, NDPS Case no. 89 of 2020 read with NCB Crime Case no. 08 of 2020 and the learned counsel for the parties have submitted that the two petitioners are similarly situated, both the bail applications are taken up together for consideration, as agreed to by the learned counsel for the parties.

(3.) The petitioner, Rajeev Upadhay @ Rajeev Upadhayay had earlier approached this Court by preferring a bail application under Sec. 439, CrPC and the same was registered and numbered as B.A. no. 553/2021. The said bail application was rejected by an Order dtd. 27/4/2021 after considering the materials on record qua the provisions contained in Sec. 37 of the NDPS Act. The events leading to the arrest and custody of the petitioners, as already culled out in the earlier Order dtd. 27/4/2021 [supra] as well as from the documents and materials placed before this Court, can be mentioned as follows :-