Allowing bail on Rs.20,000 to petitioners in narcotics case where quantity seized fell under minor category Section 22(b) instead of commercial Section 22(c) and further detention dispensed with.
Bail of Rs.20,000 with one surety of like amount to the satisfaction of the Special Judge, Bijni.
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GAHC010021252020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 319/2020
1:MD. JUBAYED AHMED KHAN AND ANR.
S/O NUR MOHAMMAD KHAN, R/O VILL-KAWATIKA, P.S.-BIJNI, DISTCHIRANG (BTAD), ASSAM, PIN-333303
2: MD. MUSHARAF KHAN S/O MD. RAFIQUE KHAN R/O VILL-NO.2 DHUPURI P.S.-MANIKPUR DIST-BONGAIGAON ASSAM PIN-78338
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR A A DEWAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
03-02-2020.
By filing this petition under Section 439 of the CrPC, two petitioners namely Jubayed Ahmed Khan and Musharaf Khan, who are in custody since 08.12.2019, have prayed for releasing them on bail in
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connection with Bijni P.S. Case No.375/2019, under Section 22(c) of the NDPS Act.
Heard Mr. A.A. Dewan, learned counsel for the petitioners as well as Mr. N.J. Dutta, learned Addl. P.P., Assam for the State respondent and perused the case record.
By drawing attention to the FIR as well as seizure list so made, it has been contended that an amount of 0.310 gms. and 0.520 gms. of drugs were recovered from the possession of the accused persons respectively (name of the substance not explained) and it is contended that the case has been wrongly registered under Section 22(c) of the NDPS Act, whereas in view of the amount seized, it should be come under Section 22(b) of the NDPS Act.
On due verification of the record, it is found that in view of the amount seized, it cannot be pertains to commercial quantity and obviously it will come under Section 22(b) of the NDPS Act.
The learned Addl. P.P., Assam has also conceded to the aforesaid aspect.
Taking note of all above and also the length of detention, it transpired that further detention of the accused persons may be dispensed with.
Accordingly each of the accused persons, named above, are allowed to go on bail of Rs.20,000/- with one surety of like amount, to the satisfaction of the learned Special Judge, Bijni, in connection with the Bijni P.S. Case No.375/2019.
The bail petition stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the detenue is entitled to bail in a case involving minor quantity of drugs.
Whether the bail application should be allowed.
2 provisions across 2 enactments
MD. JUBAYED AHMED KHAN AND ANR.
THE STATE OF ASSAM
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
