Dismissed

Rekib Uddin Ahmed @ Rekibuddin v. the State of Assam

Gauhati HC5 Nov 2020Bail Appln./1672/2020

Case brief

AI extract

What is this about?

The Gauhati High Court rejected bail applications filed by Rekib Uddin Ahmed and Md. Amir Uddin Rahman in connection with a case under Section 21(C) of the NDPS Act. The Court found that the investigation revealed sufficient complicity of the accused, distinguishing this case from precedents where bail was granted only on co-accused statements. As the matter related to commercial quantity, the bai

What did the court decide?

Bail prayers of the accused-petitioners were rejected and the bail applications were disposed of.

Rekib Uddin Ahmed @ Rekibuddin Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2020)

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GAHC010112992020

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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./1672/2020

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REKIB UDDIN AHMED @ REKIBUDDIN S/O- LT. HUSSAIN ALI, R/O- AMINPATTY, P.S. NAGAON SADAR, DIST.NAGAON, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE P.P., ASSAM

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Advocate for the Petitioner : MR F HAQUE

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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:: O R D E R ::

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05-11-2020

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Both the bail applications are taken up together as it relates to same PS Case No. 1359/2020.

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Accused-petitioner, namely, Rekib Uddin Ahmed @ Rekibuddin and Md. Amir Uddin Rahman have sought for bail in connection with Nagaon Police Station Case No. 1359/2020 , registered under

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Sections 21(C) of NDPS Act.

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Heard the learned counsel appearing for the accused petitioners and the learned Additional Public Prosecutor, appearing for the State. perused the case diary produced today.

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On earlier occasion, this Court has gone through the case diary and finding sufficient complicity of the accused persons with the alleged dealing of drugs of commercial quantity has rejected their bail prayer. Now the submission has been made on behalf of accused, Rekib Uddin that he is a mere driver of the

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vehicle and he simply carried the article as engaged by accused Amir Uddin and others and he is no way involved with drug trafficking. On the other hand, contention raised on behalf of accused Amir Uddin that as nothing has been recovered from his possession to ensure his presence at the place of occurrence, so he cannot be embraced with the offence alleged only on the basis of statement of co-accused, Rekib Uddin. Relying on the decision of Surinder Kumar Khanna Vs Directorate of Revenue Intelligence reported in (2018) 8 SCC 271 Piara Singh vs State of Punjab in Crl. MC No. M-55799/2018 dated 08.02.2019 followed by Nurezzaman Islam vs State of Assam 2019 3 GLT (837) it has been contended that as there is nothing to connect the petition with the recovery of contraband, so the rigour of Section 37 of the NDPS Act is not applicable against him.

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Now, in the present case FIR indicates while apprehending the accused, Rekib Uddin other accused fled away and subsequent thereto accused Amir Uddin has been arrested on the basis of investigation which reveals sufficient complicity of the accused Amir Uddin. Such a finding in the investigation, supported the statement given by the co-accused. Thus, it is not a case that accused Amir Uddin was apprehended solely on the basis of the statement of co-accused. The decision referred above is of no help to the petitioner. No any new ground has been assigned. Obviously, as the matter relates to commercial quantity, this Court is not inclined to grant the bail and the same is rejected.

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

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JUDGE

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Comparing Assistant

Rekib Uddin Ahmed @ Rekibuddin v. the State of Assam

Case brief

What is this about?

What did the court decide?

Rekib Uddin Ahmed @ Rekibuddin v. the State of Assam

Case brief

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What did the court decide?

What the court decided

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