The Gauhati High Court granted bail to two accused persons in connection with an offence under section 21(b) of the NDPS Act after they completed their 60-day statutory period warranting default bail.
Order that accused be released on furnishing a bail bond of Rs. 20,000 with one surety.
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GAHC010004832020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 103/2020
1:BAPPON UDDIN MAZUMDER AND ANR.
S/O JALAL UDDIN MAZUMDER, R/O VILL-KANAKPUR PT-II, P.S.-SILCHAR, DIST-CACHAR, ASSAM
2: SAJNA BEGUM LASKAR W/O RIAZ UDDIN LASKAR R/O VILL-KANAKPUR PT-II P.S.-SILCHAR DIST-CACHAR ASSA
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. JUNM LASKAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 20-01-2020
By this application under section 439 Cr.PC, the accused-petitioners namely 1) Bappon Uddin Mazumder and 2) Sajna Begum Laskar, have prayed for allowing them to go on bail in connection with Silchar P.S. Case No.4049/2019 corresponding to G.R. Case No.6212/2019 under section 21(b) of NDPS Act.
Heard the learned counsels for both sides.
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It is submitted that the offence is under section 21(b) of the NDPS Act and the statutory period is 60 days and in the meantime the accused-petitioner has completed his 60 days tenure and is entitled to get default bail.
As per records the accused was arrested on 21.11.2019 and the offence is under section 21(b) of the NDPS Act and does not relate to commercial quantity. Accordingly, the accused-petitioner above named be released on furnishing a bail bond of Rs.20,000/(Rupees Twenty thousand only) with one surety of the like amount to the satisfaction of the learned CJM, Cachar, Silchar.
The application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether accused entitled to bail after completion of 60-day period under section 21(b) of NDPS Act.
2 provisions across 2 enactments
Bappon Uddin Mazumder and Anr.
The State of Assam represented by the Public Prosecutor, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
