Application under Section 439 Cr.PC for bail in an NDPS Act case. Bail granted as seized quantity was small, not attracting strict provisions, and further detention unnecessary after 88 days.
Bail granted with issuance of bond of Rs. 50,000 and two sureties, subject to Special Judge's conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010002202019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 29/2019
1:HUSNEY ALOM
S/O LATE NUR ALOM, R/O NO.1 PUBERGAON, MANKACHAR, PS MANKACHAR, DIST. DHUBRI, ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. P SHARMAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 11-01-2019
This is an application, filed under Section 439 Cr.PC, praying for bail of the accused-petitioner, namely, Husney Alom, in connection with Mankachar PS Case No. 711/2018 under Section 22(c) of the NDPS Act.
Heard Mr. P. Sharmah, learned counsel for the accused-petitioner as well as Mr. N.K. Kalita, learned Additional Public Prosecutor for the state for the state respondent. Case diary received is without the FSL report.
However, on perusal of the case diary, it appears that the quantum of the contraband seized does not attract the provisions of Section 22(C) of the NDPS Act, rather the quantity is, prima-facie, appears to be below the commercial and above the small quantity. That being so, considering the period of detention of 88 days, further custodial detention of the accused-petitioner is not necessary, and accordingly, his prayer is allowed.
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The accused-petitioner is granted bail on his furnishing a bail bond of Rs. 50,000/- with two suitable sureties of like amount to the satisfaction of the learned Special Judge, Dhubri, on any conditions to be put by the learned Special Judge to ensure regular appearance of the accused-petitioner before its court, while releasing him on bail.
The bail petition stands disposed of. Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the accused-petitioner qualifies for bail given the quantity of contraband and period of detention.
Whether additional period of detention is necessary after 88 days in custody.
1 provisions across 1 enactments
Husney Alom
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
