Hon'l Justice Hitesh Kumar Sarma allowed the bail application of the accused in a case under the NDPS Act, holding that further custodial detention beyond 45 days is not necessary due to the quantum of contraband seized.
The accused-petitioner is granted bail on furnishing a bail bond of Rs. 25,000 with one suitable surety.
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GAHC010000202019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 18/2019
1:ABUR HUSSAIN
S/O GIAS ALI, VILL MUKALMUA, PO AND PS MUKALMUA, DIST. NALBARI, ASSAM-781126
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : J U AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 07-01-2019
This is an application, filed under Section 439 Cr.PC, praying for bail of the accused-petitioner, namely, Abur Hussain, in connection with Mukalmua PS Case No. 423/2018 under Section 22(b) of NDPS Act.
Heard Mr. J.U. Ahmed, learned counsel for the accused-petitioner as well as Mr. K. Konwar, learned Additional Public Prosecutor for the state respondent.
Perused the petition as well as the annexures furnished therewith including the seizure list of the forwarding report.
Considering the quantum of the contraband allegedly seized from the possession of the accused-petitioner, his further custodial detention, beyond 45 days is not necessary, and accordingly, his prayer is allowed.
The accused-petitioner is granted bail on furnishing a bail bond of Rs. 25,000/- with one suitable surety of like amount to the satisfaction of the learned Special Judge,
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Nalbari, on the following conditions :
The bail petition stands disposed of accordingly.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail is admissible for the accused in connection with an offence under Section 22(b) of the NDPS Act.
Whether custodial detention beyond 45 days is necessary considering the quantum of contraband seized.
2 provisions across 2 enactments
Abur Hussain
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
