Petitioner Mozammel Sk applied for bail under Section 439 Cr.P.C. in a drug case. The Court noted prima facie incriminating material and the commercial nature of the alleged offense. Bail was rejected.
Application rejected; bail not granted. Case diary returned to Addl. PP.
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GAHC010008092020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 149/2020
1:MOZAMMEL SK.
S/O LATE MOSTAFA SK. , R/O BIDYAPARA, WARD NO. 9, P.S. AND DISTDHUBRI, ASSAM
VERSUS
1:THE STATE OF ASSAM (NOTICE THROUGH THE PUBLIC PROSECUTOR, ASSAM)
Advocate for the Petitioner : MR. A RAHMAN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
14.02.2020
Heard learned counsel for the parties.
By filing this application under Section 439 Cr.P.C. seeking bail by the accused-petitioner, namely, Mozammel Sk, who is in custody since 22.11.2019 in connection with Golakganj PS Case No. 1344/2019 under sections 22(c)/29 of NDPS Act.
Perused the records and case diary.
It has been stated that total 528 nos. SPSPHEN+tablets and 403 nos. RC-KUFF(TN) cough syrup was recovered from the possession of one Azad Hoque and Munu Islam. The case diary reveals that the accused persons supply the said articles through the arrested accused
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person and it is an organized plan. The complicity of the accused person is sufficiently made out and the matter relates to commercial quantity.
Upon hearing learned counsel for both the sides and on scrutiny of the case diary, it is revealed that there is prima facie incriminating material against the petitioner.
Therefore, considering the nature of the alleged act on the part of the petitioner, as stated above, this Court finds it not a fit case for granting the privilege of bail to the petitioner and therefore, the bail application stands rejected.
Return the case diary to the learned Addl. PP, Assam.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the accused is entitled to bail in a NDPS case involving commercial quantity of drugs.
Whether the prima facie incriminating material found in the case diary makes it a fit case for bail.
Whether the bail application stands rejected on the grounds of the nature of the alleged act.
2 provisions across 2 enactments
MOZAMMEL SK
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
