The Gauhati High Court granted pre-arrest bail to four accused persons in a narcotics case under the NDPS Act. The court found insufficient evidence against them to warrant custodial detention and ordered their release on bail.
Bail granted to petitioners for Rs. 10,000 each with one surety of like amount.
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GAHC010025102019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 353/2019
1:ROBIYAL HUSSAIN @ ROBIAL HOQUE AND 3 ORS. S/O LATE AKBAR ALI, R/O VILLAGE 3 NO. TUPAMARI, PS NAGARBERA, DIST. KAMRUP (R), ASSAM
2: SAHAR ALI S/O ESUB ALI R/O VILLAGE 3 NO. TUPAMARI PS NAGARBERA DIST. KAMRUP (R) ASSAM 3: MOIDUL ISLAM@ MOHIDUL ISLAM S/O ABDUL MANNAN R/O VILLAGE 3 NO. TUPAMARI PS NAGARBERA DIST. KAMRUP (R) ASSAM 4: ROMIZ UDDIN S/O LATE ESUB ALI R/O VILLAGE 3 NO. TUPAMARI PS NAGARBERA DIST. KAMRUP (R) ASSA VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. M A SHEIKH
Advocate for the Respondent : PP, ASSAM
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BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
15-03-2019.
By filing this petition under Section 438 of the CrPC, the petitioners namely Robiyal Hussain @ Robial Hoque, Saher Ali, Moidul Islam @ Mohidul Islam and Romiz Uddin have sought for pre-arrest bail in connection with Nagarbera P.S. Case No.09/2019, registered u/s.21 of the NDPS Act.
Heard learned counsel for both sides and perused the case diary.
So far the allegation in the FIR itself, it reveals that five numbers of cough syrup bottle (without lebel), name of the cape as “MAXX” “SHIZAIN DRUGS” was recovered from the shop of one Mofidul Islam of Tupamari market and he has been arrested and according to the said Mofidul Islam, the present accused petitioners purchased such drugs from him and this way the business was running. However there is not specific report about the quantity of the drugs and the content thereof and admittedly it is five bottles of cough syrup. The main accused has been arrested and complicity of the present petitioner has been suggested by the main accused, which is again not in proper manner so as to attract the offence u/s.21 of the NDPS Act.
Considering the matter in entirety it is found that the custodial detention of the accused/petitioners name above is not warranted. Accordingly they are allowed to go on bail of Rs.10,000/- with one surety of like amount, in the event of their arrest by the arresting officer in connection with the Nagarbera P.S. Case No.09/2019, registered u/s.21 of the NDPS Act, with further direction to the petitioners to appear before the I.O., within fifteen days from today and they will cooperate with investigation of the case.
The pre-arrest bail petition stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused petitioners are entitled to pre-arrest bail in a case under u/s. 21 of the NDPS Act.
2 provisions across 2 enactments
Robiyal Hussain @ Robial Hoque and 3 Ors.
The State of Assam Rep. by PP, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
