The Gauhati High Court granted bail to the petitioner, Md. Riyajul Ali, arrested under the NDPS Act. Finding no incriminating materials and noting discrepancies in the case diary, the court granted bail on Rs. 20,000 with one surety.
Petitioner allowed bail on Rs. 20,000 with one surety of the like amount.
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GAHC010005472020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 111/2020
1:MD RIYAJUL ALI @ MD RIAJUL ALI
S/O LATE MAJNUR ALI, VILL-PIYALIKHATA, P.S.-CHANGSARI, DISTKAMRUP, ASSAM, PIN-781381
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S H SAIKIA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 26-02-2020
This application under Section 439 Cr.PC, has been filed praying for bail of the petitioner, namely, Md. Riyajul Ali @ Md. Riajul Ali, who is in detention in connection with Baihata Chariali PS Case No. 441/2019 under Section 29 of the NDPS Act.
Heard Mr. S. H. Saikia, learned counsel for the petitioner and Ms. A. Begum, learned Addl. P.P. for the respondent.
Perused the case diary produced today.
The petitioner was arrested on the basis of the FIR lodged by one Assistant Sub-inspector of Police, Kamdev Kalita, wherein it was alleged that on the basis of a secret information, he arrested two persons, namely, Lalmuan Puya and Sanjib Boro
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and recovered 6 numbers of plastic container containing suspected brown sugar, which was stated to be measured and sample was taken for forensic examination. The present petitioner was arrested on 21.12.2019 and as per the forwarding report, 6 empty containers were recovered from him suspecting the same to be used for carrying drugs. Apparently, no narcotic was seized from the possession of the present petitioner. The case diary produced today is also conspicuously silent as to the involvement of the present petitioner in the offence alleged in the FIR lodged by Kamdev Kalita. Though, it was stated in the forwarding report that he has measured the contraband article seized from the co-accused, such statement appears to be not true as there is no material on record showing the quantity of narcotic seized from the co-accused.
In view of the above, there is absolutely no incriminating materials against the petitioner, who has been in detention since 21.12.2019. Accordingly, the petitioner is allowed to be enlarged on bail of Rs. 20,000/- with one suitable surety of the like amount to the satisfaction of the learned Spl. Judge (Addl. Sessions Judge), Rangia, subject, of course, to the following conditions:
Bail application is disposed of.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant bail to the petitioner arrested under the NDPS Act.
1 provisions across 1 enactments
Md Riyajul Ali @ Md Riajul Ali
The State of Assam
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
