Disposed

Mamtaz Ali and Anr. v. the State of Assam

Gauhati HC5 Apr 2019Bail Appln./35/2019

Case brief

AI extract

What is this about?

This bail application was disposed of without granting interim bail. The learned Special Judge noted that the charge-sheet was filed within the statutory period, negating an automatic claim for bail. However, discrepancies regarding the quantity of seized contraband were highlighted. The applicant was directed to approach the trial court for a fresh bail application, surrendering the accused to co

What did the court decide?

Application disposed of; applicant directed to file fresh bail application before the trial Court.

Mamtaz Ali and Anr. Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010003422019

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

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Case No. : Bail Appln. 35/2019

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1:MAMTAZ ALI AND ANR. S/O AHED ALI R/O WARD NO.2, CHAIRATPUR P.S. RANGIA DIST. KAMRUP (RURAL), ASSAM

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2: AMIR ALI S/O JONAB ALI R/O VILL- BIHAPARA NEAR PACHIM BIHAPARA L.P. SCHOOL P.S. TAMULPUR DIST. BAKSA (BTAD) ASSA VERSUS 1:THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. B CHOWDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HON’BLE MR. JUSTICE HITESH KUMAR SARMA

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:: O R D E R ::

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05-04-2019

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This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioners, namely, 1. Mamtaz Ali and 2. Amir Ali, in connection with Gauripur Police Station Case No. 1326/2018 , (corresponding to GR Case No. 5398/2018), registered under Sections 20(c) of the NDPS Act. The case diary produced, has been perused.

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Page No.# 2/2

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Heard Mr. B Chowdhury, learned counsel appearing for the accused-petitioners and Mr. NK Kalita, learned Additional Public Prosecutor, appearing for the State.

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The accused-petitioners were arrested on 12-11-2018 and have been in custody for 145 days as of now. The learned counsel for the accused-petitioners submits that the accused-petitioners are in custody for 145 days as on date and on the length of detention the accused-petitioners may be granted bail.

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However, the learned Additional Public Prosecutor submits that charge-sheet has been laid in this case within the statutory period of 180 days for the offence under Section 20(C) of the NDPS Act. That being so, the accused-petitioners do not deserve to be granted bail.

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The learned counsel for the accused-petitioners has also brought to the notice of this Court that while seizing the alleged contraband, the quantity was shown as 20 kg after weighing the same, but the order, dated 12-11-2018, passed by the learned Special Judge, Dhubri reflects that 24 kg of contraband ganja was seized. Thus, there is apparent discrepancies in the quantity of the seized contraband.

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Whatever it may be, even if the contraband seized is 20 kg, it is commercial quantity. Such order indicating different quantity, prima facie, creates a doubt about the actual seizure. However, since charge-sheet has been laid within the prescribed period, the petitioner may approach the learned trial Court with appropriate application for bail and if he makes any application for bail, the same be considered and disposed of on its own merit taking into consideration all the relevant factors including the observations made above.

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The learned counsel for the petitioner also submits that if the contraband seized is owed minus the bags, the quantity would come below the commercial quantity.

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The learned trial Court shall consider all these aspects.

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

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JUDGE

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Comparing Assistant

Mamtaz Ali and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Mamtaz Ali and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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