JAI PRAKASH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. A. M. Mazumdar, learned senior counsel assisted by Mrs. N. Saikia, learned counsel for the petitioner and heard also Mr. D. Das, learned counsel for the respondents/union of India.

(2.) THIS is an application under Section 439 Cr. P. C. seeking bail of the accused-petitioner, namely, Shri Jai Prakash Singh, in connection with Special (NDPS) Case No. 05/2005 arising out of DRI Guwahati Case No. 2/narc/ganja/dri/gau/2005-2006 dated 05. 09. 2005 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He was arrested on 21. 09. 2005 in connection with the aforesaid case.

(3.) HE further submits that under Section 20 of the NDPS Act, punishment for offence i. e. transportation of Ganja, is 5 years. The accused-petitioner has been in jail for last 3 years and 11 months without trial and the trial in the aforesaid criminal case is not likely to complete soon and as such, the accused-petitioner is entitled to get released on regular bail.