Bail granted to petitioners arrested under NDPS Act for alleged drug dealings. Since seized quantity was small and admitted as non-commercial by prosecution, bail bond of Rs. 20,000 each was accepted.
Bail allowed on furnishing of bail bond of Rs. 20,000 with one surety of the like amount.
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GAHC010024622020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 346/2020
1:ABDUL BATEN AND ANR.
S/O MD MAFIZUDDIN AHMED, R/O VILL-BARHOIPARA, P.S.-KHARUPETIA, DIST-DARRANG (ASSAM)
2: TAHIR HUSSAIN S/O MD ABDUL BASHA R/O VILL-BOLOGORAH P.S.-DHULA DIST-DARRANG (ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR M AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
05-02-2020.
This is an application, under Section 439 CrPC, filed by the petitioners, namely, Abdul Baten and Tahir Hussain, seeking bail in connection with Mangaldai P.S. Case No. 976/2019, u/s.22(C) of NDPS Act (corresponding to G.R. No. 3731/2019).
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Heard the learned counsel for the accused/petitioners as well as Mr. N. Kalita, learned Additional P.P., Assam, appearing on behalf of the State respondent. Perused the case record and the documents annexed.
According to the FIR, 4 drug paddlers were apprehended by the police and from them 5.200 gm., suspected to be brown sugar, was recovered and those persons were arrested on 03.12.2019 along with drugs and some container. Subsequently, present petitioners were arrested on 03.12.2019, on the allegation that they are dealers of drugs and some empty containers were recovered from their possession. However, it is to be noted that no drugs was recovered from their possession and the quantity seized in connection with the case is also far below the commercial and above the smaller quantity, although the case has been registered u/s 22(c) of NDPS Act.
Learned Addl. P.P. has fairly admitted that amount is not commercial one so as to attract the rigor of Section 37 of the NDPS Act.
I have gone through the documents annexed and found that the seized quantity is only 5.200 gm. Considering all entirety and the length of detention, each of the accused/petitioners named above are allowed to go on bail in connection with the aforesaid case on furnishing bail bond ofRs.20,000/- with one surety of the like amount to the satisfaction of the learned Special Judge, Mangaldoi.
The application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioners are entitled to bail under Section 439 CrPC in a case under Section 22(C) of NDPS Act where the seized quantity is not commensurable to commercial quantity.
2 provisions across 2 enactments
Abdul Baten
Tahir Hussain
State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
