Case Law Details
Malay Mukharjee Vs State of Assam (Gauhati High Court)
Introduction: In a notable case, Malay Mukharjee Vs State of Assam, the Gauhati High Court has granted bail to the driver and owner of a truck seized for the transportation of cough syrup bottles without a proper E-way Bill. The accused, in this case, had been in judicial custody for 137 days prior to the ruling.
Analysis: The case, lodged under the Narcotic Drugs and Psychotropic Substances Act, 1985, involved the transport of a large number of cough syrup bottles. Mr. Malay Mukharjee, the truck owner, and Mr. Hironmoy Sarkar, the driver, were transporting a consignment of drugs from Daffodil Drugs Pvt. Ltd. to A.K. Drug Distributors in Assam when their vehicle was intercepted.
The defence counsel argued that the transport was lawful, backed by valid documents including a GST invoice and E-way bill. The Court took note of these documents, verifying them to be genuine. The prosecution, however, stated that the investigation was still ongoing.
While the court acknowledged the bar in Section 37 of the N.D.P.S. Act, it deemed further detention of the accused unnecessary for the investigation. The Court decided to grant bail to both accused under certain conditions, ensuring their cooperation with the investigation.
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