Decided on May 10,2021

Bikash Rai Appellant


MEENAKSHI MADAN RAI,J. - (1.) The Applicant was arrested in connection with Ranipool Police Station Case No.19/2020 dated 30.08.2020 under Sections 7/9/14 of the Sikkim Anti Drugs Act, 2006 ('SADA, 2006') read with Section 9(1)(c) of the Sikkim Anti Drugs Amendment Act, 2017. He was arrested on 03.09.2020 and remanded to Judicial Custody on 09.09.2020. Two Bail Applications filed before the Learned Special Judge, SADA, 2006, East Sikkim at Gangtok, were rejected vide Orders dated 29.09.2020 and 01.03.2021 respectively. The Applicant is thirty-three years old. Learned Counsel for the Applicant submitted that the rejection of his Bail Petitions tantamounts to a pre-trial conviction of the Applicant who, in fact, has not committed any offence and was arrested merely on the basis of a statement made by a co-accused one Anmol Rai, whose name was later clarified to be Anmol Thapa. The controlled substances were seized from a Tata Sumo vehicle which does not belong to the Applicant but belongs to one Kiran Kumar Chettri. The keys of the vehicle were seized from one Gopal Rai alias Bablu, hence no evidence whatsoever links the crime to the Applicant, who is a permanent resident of Tambutar, Ranipool, East Sikkim and has a wife and daughter who are presently suffering on account of his incarceration. In the facts and circumstances reflected above, the Applicant Record of Proceedings deserves to be enlarged on bail. That, he is willing to abide by any terms and conditions imposed by this Court.
(2.) Repudiating the contentions of Learned Counsel for the Applicant, Learned Public Prosecutor contended that the controlled articles seized by the Police was in a commercial quantity amounting to 258 bottles of Rexdryl Cough Syrup of 100 ml each. The vehicle was in the constructive custody of the Applicant, the keys of the vehicle having been left by Gopal Rai with him. That, he frequently deals in the sale of controlled substances including Cough Syrup and should he be enlarged on bail, in all likelihood he will tamper with evidence and threaten the witness Anmol Thapa thereby causing prejudice to the Prosecution case. The Petitioner had, in fact, absconded after the First Information Report ('FIR') was lodged and could be arrested only on 03.09.2020. That, the RFSL Report has been filed before the Learned Trial Court and trial has commenced in the matter, hence the Petition for bail be rejected in view of the provisions of Section 18 of the SADA, 2006.
(3.) I have heard the rival contentions of Learned Counsel for the parties. I have also perused the records placed before me.;

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