Dismissed

Md. Maharuddin Ali v. the State of Assam

Gauhati HC22 Nov 2019Bail Appln./3337/2019

Case brief

AI extract

What is this about?

In an application for bail under Section 439 CrPC in a Special NDPS case involving possession of 42 kg ganja, the High Court rejected the plea. Noting that 6 out of 8 prosecution witnesses were examined, the Court held that release at this stage would hamper the trial and directed the trial court to conclude the matter expeditiously.

What did the court decide?

Bail application rejected; direction to trial court to conclude trial expeditiously.

Md. Maharuddin Ali Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010258552019

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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. 3337/2019

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1:MD. MAHARUDDIN ALI

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S/O LATE JAHUR ALI, VILL-PUB CHANDMARI, WARD NO. 14, P.S.-NORTH LAKHIMPUR, DIST-LAKHIMPUR (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. S K ROY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

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ORDER

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Date : 22-11-2019

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Heard Mr. SK Roy, learned counsel for the accused-petitioner and Mr. NJ Dutta, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

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This is an application, under Section 439 CrPC, seeking bail of the accused-petitioner, namely, Md. Maharuddin Ali, in connection with Special (NDPS) Case No. 10/2018 registered under Section 20(b)(ii)(C) of NDPS Act arising out of Narayanpur PS Case No. 128/2018 (G.R. Case No. 1775/2018).

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Considered the submission of learned counsel for both sides and perused the case diary.

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Status report called for is received. It reveals that out of 8 witnesses, 6 witnesses have already been examined by the learned trial court and the case is now pending for examining of remaining two witnesses fixing 5.12.2019.

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Page No.# 2/2

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Learned Addl. P.P. has submitted that as the case is at the verge of conclusion release of accused on bail may hamper the trial as it relates to an offence of possession of contraband in commercial quantity.

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As per prosecution, 42 kg. of ganja was recovered from the accused-petitioner from the Tipling Railway Station which is obviously a commercial quantity.

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Having regard to the entire matters on record and considering that the case is at the verge of conclusion of trial court, the prayer for bail of the accused-petitioner is rejected with a direction to the learned trial court to conclude and dispose of the matter as expeditiously as possible.

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The application stands dismissed.

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JUDGE

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Milansinha/

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Comparing Assistant

Md. Maharuddin Ali v. the State of Assam

Case brief

What is this about?

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Md. Maharuddin Ali v. the State of Assam

Case brief

What is this about?

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