Allowed

MD Eshadul Islam and Anr. v. the State of Assam

Gauhati HC13 Jun 2019Bail Appln./1411/2019

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to two accused-petitioners charged under Section 21(b) of the NDPS Act, 1985. The Court held that further custodial detention was not necessary for investigation as the statutory period had expired and the question mark quantity of contraband was intermediate.

What did the court decide?

Accused-petitioners released on bail of Rs. 50,000/- each with suitable surety, subject to conditions.

MD Eshadul Islam and Anr. Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2019)

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GAHC010124952019

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THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln. 1411/2019

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1:MD ESHADUL ISLAM AND ANR.

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S/O MD MAHARUDDIN, R/O VILL-KAWAIMARI WARD NO. 3, P.S.RUPAHIHAT, DIST-NAGAON, ASSAM

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2: MD AIZUL ISLAM S/O LATE RUSTAM ALI R/O VILL-MAGURMARI WARD NO. 3 P.S.-RUPAHIHAT, DIST-NAGAON, ASSAM

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VERSUS

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1:THE STATE OF ASSAM

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REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. JUNM LASKAR Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR ORDER

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Date : 13-06-2019

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This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioners, namely, 1. Md. Eshadul Islam and 2. Md. Aizul Islam, in connection with Rupahi Police Station Case No. 199/2019 , (corresponding to GR Case No. 1612/2019), registered under Section 21(b) of the NDPS Act, 1985 .

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I have perused the petition including the annexures furnished therewith along with the copy of the FIR and the copy of the forwarding report.

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The case diary, as called for, is placed before this Court.

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Heard Mr. JUNM Laskar, learned counsel appearing for the accused-petitioners and Mr. NJ Dutta, learned Additional Public Prosecutor, appearing for the State.

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Mr. Laskar, learned counsel submits that the accused-petitioners have been behind the bar for 81 days with effect from 25-03-2019.

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Mr. Laskar, learned counsel for the accused-petitioners further submits that the quantity of contraband recovered and seized was 45 grams of suspected Brown Sugar, which is of intermediate quantity.

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Mr. Laskar, learned counsel for the accused-petitioners, therefore, submits that as the statutory period of detention is over and on the other hand, the investigation is yet to be completed, the accused-petitioners are entitled to be released on default bail.

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Mr. NJ Dutta, learned Additional Public Prosecutor submits that the case diary reveals that the quantity of contraband seized falls within the intermediate category, i.e., above the small quantity and below the commercial quantity and as such, further detention of the accusedpetitioners in custody for the purpose of investigation of the case may not be necessary. Having considered the above submissions made by the learned counsel for both sides and on consideration of the averments made in the application along with the documents annexed thereto, this Court is of the view that further custodial detention of the accused-petitioners is not necessary in the interest of investigation of the case. Therefore, they are granted bail. Accordingly, the accused-petitioners, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.50,000/- each with a suitable surety each of the like amount, to the satisfaction of learned Special Judge (NDPS Act), Nagaon, Assam.

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The direction for bail is further subject to the conditions that the accused-petitioners: (a) shall cooperate with the investigation as and when required;

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(b) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

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In terms of the above, this bail application stands disposed of. Return the case diary.

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JUDGE

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Comparing Assistant

MD Eshadul Islam and Anr. v. the State of Assam

Case brief

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MD Eshadul Islam and Anr. v. the State of Assam

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